ATG NEWS RELEASE: Ninth Circuit rules District Court has the ability to interpret and enforce the U.S. Supreme Court’s orderPosted on Jul 7, 2017 in Latest News
HONOLULU – A three-judge panel of the Ninth Circuit Court of Appeals issued an order this afternoon in response to today’s filing by the State of Hawaii asking the Ninth Circuit to review the scope of the travel and refugee bans in Hawaii v. Trump.
The Ninth Circuit’s order explained it lacks jurisdiction to address the State of Hawaii and Dr. Elshikh’s appeal of Judge Watson’s order denying the motion to clarify the scope of the injunction, because Judge Watson’s order denying the motion to clarify was not a final judgment nor immediately appealable. According to the court, “[b]ecause the “practical effect” of Plaintiffs’ requested relief is declaratory in nature—not injunctive—we do not construe their clarification motion before the district court as one for injunctive relief. And this scenario does not present an order of “practical finality” because … Plaintiffs may seek injunctive relief from the district court.”
Of critical importance, the Ninth Circuit said in part:
[W]e note that … the district court … does possess the ability to interpret and enforce the Supreme Court’s order, as well as the authority to enjoin against, for example, a party’s violation of the Supreme Court’s order placing effective limitations on the scope of the district court’s preliminary injunction … Because the district court was not asked to grant injunctive relief or to modify the injunction, we do not fault it for not doing so.
Attorney General Chin said, “Today’s Ninth Circuit ruling makes clear that Judge Watson does possess the ability to interpret and enforce the Supreme Court’s order, as well as the authority to enjoin against a party’s violation of the Supreme Court’s order placing effective limitations on the scope of the district court’s preliminary injunction. We appreciate the Ninth Circuit for ruling so quickly and will comply.”
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For more information, contact:
Joshua A. Wisch
Special Assistant to the Attorney General
Phone: (808) 586-1284