they never even cited, sandra, once the provision of the immigration and nasht fact congress gave the president this power. he doesn t have to go back through a legislative process to issue a new executive order. they don t even site 1182 f which is where congress delegated in 1952 to the president this power to determine who can and can t enter our country when it s related to national security. sandra: jordan, when you say that. look more findly on it than the ninth circuit. sandra: talk to me about the justices that might be on his side and i also want to talk to you about the ninth circuit because there is some interesting stat that you can bring us there but the justices first? yeah. so first this would go to if let s decide right now that the white house decides we may issue a new order that doesn t moot out the existing order because we want to continue to fight on this one. it would first go to justice kennedy. he is the circuit justice here. he can make the decision on h
judge gorsuch is in limbo. that s correct. you wonder had they appointed garland if they d have the requisite number of votes. when they go to the supreme court on the temporary restraining order, do tay need five votes in the supreme court to take that up? they need five to hear it or decide it? to bring it to the court on the question of the procedure and whether to reinstate the ban. they need five votes in order to get to the court or can the court accept et it? the way stay litigation works is it initially goes to the circuit justice, and that s
the supreme court. how long might that take? because it s only an emergency stay that they can ask for, right? yes. well, i m certainly i m certain that they have already been in touch with the clerk s office in washington, d.c., the supreme court, and they ve alerted justice kennedy, the circuit justice, that something could be coming this weekend. i don t know how quickly the motion s panel will act. the motions panel will have to be persuaded that there s some need for them to act really quickly. a judge can be who s the senior judge on this panel, he s been a judge for 37 years. he s seen a lot of back and forth. he s not likely to say, oh, this is the end of the world, which means they might wait until monday or tuesday. they might give the state of washington a chance to file some briefs in response. and the circuit justice will not intervene, usually, unless the court here has finished with it. so i would say i would be surprised if you saw something, say, oh, happen by
reporter: ultimately there s a lot to parse here but the 9th circuit court of appeals can make a decision and then if the doj or the other side doesn t like it it can go all the way up to the supreme court and it could happen fairly quickly, couldn t it? this is not something that s going to take years or months necessarily. supreme court has a whole system in place again for emergency orders. justice kennedy is the circuit justice for this circuit. you would presumably file papers with him asking for an emergency order to vacate the 9th circuit s opinion or vacate the stay in seattle. just kennedy normally would either decide that himself or more likely refer it to the entire court. and again, we only have eight justices. so if they tie 4-4, then everything has been done below will stay in place. that process can happen pretty quickly, but they re going to have to say there s irreparable harm. in other words, if there s no reason for it to happen that quickly, then it s not going
she s the active judge. the other two judges have senior status. and then they will make a decision and then it will be referred to the whole court, meanwhile, the trump administration may go directly to justice kennedy. reporter: the supreme court. yes, he s the circuit justice for the 9th circuit. so he will get any motion that they file at the supreme court and then he has the authority to refer that to the entire court. or he has the authority, actually, to decide it himself if he wants to. reporter: all right. rory little giving you the information you need to know on how these procedures work and obviously with court systems, there is a very set out procedure. we should mention this also, the 9th circuit court just put up a website, there s so much public interest, you can go on their website and find out what happens with this case as they make their decision. of course, sara, because it affects people s lives moment by moment. especially peop especial especially people