First the Ninth Circuit rules against the ban & now it hits again on sanctuary cities-both ridiculous rulings. See you in the Supreme Court!— Donald J. Trump (@realDonaldTrump) April 26, 2017
Out of our very big country, with many choices, does everyone notice that both the "ban" case and now the "sanctuary" case is brought in ...— Donald J. Trump (@realDonaldTrump) April 26, 2017
...the Ninth Circuit, which has a terrible record of being overturned (close to 80%). They used to call this "judge shopping!" Messy system.— Donald J. Trump (@realDonaldTrump) April 26, 2017
The challenge to this latest executive order (which even the DOJ didn't try to seriously defend) was filed by San Francisco, California.
San Francisco had no choice but to file the case in the Federal court which just issued the preliminary injunction. The 9th Circuit hasn't heard any appeals on this latest EO yet. It's an open question whether the DOJ will even seek an appeal from this ruling.
It isn't "forum shopping" if you file the case with the district court that has jurisdiction over your city.
ADDING:
It seems even Reince Priebus is confused:
White House chief of staff Reince Priebus also said the court had gone “bananas” after it dealt another setback to Trump’s restrictive immigration agenda. The Ninth Circuit Court also ruled against President Trump’s travel ban in February.Which must mean stupidity trickles down......
“It’s the Ninth Circuit going bananas,” Priebus told reporters in his West Wing office on Tuesday evening, according to The Hill. “It’s clear forum shopping that’s going on in this country.”
Priebus called the court decision “something that will be overturned eventually” and vowed to “win at the Supreme Court level at some point.”
“We’re taking action to appeal this,” he added. “You’ll find out soon enough.”
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