judges here say, you know what, we re going to leave it as is? the trump administration will have a chance let s say these three judges leave the tro in place. they could go to the full court, if they want to, which is apparently 25 judges, but they probably won t. they ll probably go emergency motion to the circuit justice, who is anthony kennedy, justice kennedy, who s from california, and kennedy will probably have the authority to kick that to the full court, on a matter of this sort of import. and some of it will have to do with how the papers look and who s briefing and we don t even know right now who the solicitor general is for this administration. so, it could go very quickly, in a death penalty case, it would go very quickly. but here, it s hard to see that same kind of irreparable harm that you would have in a death penalty case. reporter: the argument that the doj, if i heard correctly, is making that the president has the power to do this very thing. what will the c
massachusetts case to the first circuit. we re going to have conflicting rulings, won t this ultimately have to go do the united states supreme court, initially to the circuit justice and perhaps the whole sdmort court? thanks for that question. we ve been prepared since last weekend when i asked my team to draft this complaint and motion. it was my feeling that an issue of this magnitude would likely end up before the united states supreme court. that would not surprise me. i do think that the judge s decision here today and the strong indication of where this case is heading and i m confident we ll prevail in the ninth court of appeals. it will not surprise me if it does end up before the united states supreme court. would it surprise you also if the judges ultimately ruled that some parts of the executive order may be unconstitutional, but other parts may be constitution a for example, a family in yemen who has no connection to the united states that simply wants to visit and
it. the president is breaking the law. that s what two judges said. what does that mean? you have to ship them back in that event or let the deportation process continue? what s the remedy when the president doesn t do what he took an oath to do? it s a congressional remedy. it s the i word nobody wants to talk about. it s impeachment. we now have three out of four federal judge whose have looked at this had an have said the president is breaking the law, working outside the box that the constitution gives him. the supreme court? i would think the white house would have to appeal this to the supreme court. really? initial appeal to justice scalia of all people. he happens to be the circuit justice, the member of the supreme court who hears emergency appeals from that part of the united states the fifth circuit, which is louisiana and texas and the surrounding states. so it would be up to the
joins me from washington. the first question is what s the next step in utah for this? the next step is to ask the supreme court to put a hold on the judge s ruling. the way this works is they go to the circuit justice, the justice assigned to that part of country. we expect the state to do that today. she can rule out herself or refer it to the full court. technically speaking if the justice said no, they can ask the others. if said no, that s usually it. in the meantime, the question is whether the judge who struck down the ban on majors is right or not. that issue is on appeal and the circuit court of appeals will hear argument early next year. it s interesting when the 10th circuit declined to issue a state late on christmas eve, it was a two-judge panel that decided it. one of them, jerome holmes was a
marriages in their state. it is a last-ditch effort after a federal appeals court rejected the state s request to reinstate an anti-gay marriage law. pete williams is our justice correspondent. pete, let s talk here. first of all, about the chances. what are utah s chances, chances that the high court is even going to consider this? well, they ll consider utah s request. utah will file an emergency application asking the court to do what the tenth circuit court of an peoples in denver would not, and that s to delay the effect of the judge s ruling that found the state law unconstitutional. that will be referred to justice sotomayor who s the circuit justice responsible for that part of the country but it will be a while before they move toward that. they did not get the stay on christmas eve and now it will take them a while before they