Ten judges opposed the 9th Circuit’s decision to refuse a rehearsal.
A federal judge on Friday rejected the Trump administration’s request for an EN BANC review — a full court hearing revived appeals to restore funding cuts for nonprofits providing legal services to unaccompanied illegal immigrant children.
A three-judge panel in the U.S. Court of Appeals in the 9th Circuit declined the administration’s petition as two judges voted for it and one judge supported the outcome in recommendations.
Ten judges who opposed the 9th Circuit’s decision to reject the 9th Circuit’s decision, including judges Lawrence Van Dyke and Patrick Bumatai, said the case deserves a full court hearing.
“The government’s appeal in this famous case raises serious questions about excessive judiciary, separation of power, and misuse of injunctive relief,” they said.
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The judge argued that in this case, a full court consideration was justified in this case “to correct the errors of the motion panel that established the district court’s decision.”
In response, the HHS claimed that the Court of Appeals should rehearse the appeal before the full court, and that the decision to refuse the appeal would in other cases contradict a recent decision by the Supreme Court.
“So the Supreme Court has vacated a TRO, like the district court’s TRO here, which forced the government to continue termination of its government contracts.” “The Supreme Court has held that such an order, despite its label, serves as an attractive interim injunction.”
The opposition judge also said the 9th Circuit’s decision was against the Supreme Court’s decision, suggesting that both decisions are related to the same issue, even though they come from separate cases.
“The ink is barely dry about the Supreme Court decisions in the Ministry of Education, but our courts ignore the conclusions that control jurisdiction to hear the appeal of a particular Toros and the conclusions that govern the jurisdiction of the district court to obstruct government contracts.
Currently, approximately 26,000 unaccompanied children are on federally funded legal representatives in the United States. The group said the majority of children who arrived in the country without legal guardians do not speak English and cannot afford to hire an attorney.
HHS and Refugee Resettlement Bureau say taxpayers are not liable to pay direct legal aid costs to non-accompanied individuals, especially when the government works to reduce costs.
The Epoch Times reached out to HHS for comments and did not receive a response at the time of publication.
