United States Court of Appeals for the Ninth Circuit

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Mar 15, 2017 01:59
Last night I watched TV news for half an hour. I learned that some Attorney Generals had already filed an appeal against President Trump’s revised travel ban. Ferguson said: “You can’t tweet your way out of a 9th Court of Appeals decision. It’s not the loudest voice that prevails in a courtroom, it’s the Constitution.”

I didn’t quite understand the part about the “9th Court of Appeals decision.” However, the concept of a "court of appeals" was somewhat easier to understand since they exist in China. If the plaintiff or defendant are dissatisfied with a ruling, they can bring the case to a higher court. I guess that a Court of Appeals is that sort of thing. But then, what was “the 9th?” I Googled “9th Court of Appeals". All the results were something along the lines of“the 9th circuit.” I guessed the reason it was called “the 9th circuit” is because the court members are changed completely every few years and the team now serving is the 9th.

But wait… The US has a history of over 200 years. Assuming the transition takes place every decade, the number would be definitely greater than nine. I proceeded to search it up on Wikipedia, and it became clear. Ah, “the 9th Circuit” is just one of 13 US Federal courts with appellate jurisdiction. It deals with appeals from several states, seemingly mainly from the West Coast.

I also read the courts verdict over President Trump’s travel ban. The 9th circuit held:
“Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”

The Trump administration hasn’t convincingly proved that there was some sort of impending harm that the Executive Order was designed to address. So, a stay was decided, and the AGs succeeded on their “Due Process Clause” claim…

Interesting! But I'm still curious what the word "circuit" really means... Does it mean belt?
美国联邦第九巡回上诉法院

昨天我看了半个小时的英语新闻,得知几位美国州总检察官对特朗普总统的入境禁令修订版提起了上诉。一位总检察官Ferguson在采访中说,“他(特朗普)不能靠发推特就避开第九巡回上诉法院的判决。有理不在声高,根本在于宪法。”

我不太明白“第九个上诉法院”的意思。上诉法院比较好懂,因为中国也有,如果原告被告对判决不满 ,可以上诉至更高级法院。我估计联邦上诉法院差不多。但是“第九”是什么意思呢?我在谷歌上查了一下,搜索结果都有“第九巡回”的字样。我估计“第九”的意思是,每隔一些年,法官就要换一批,现在是第九届。

但是。。。美国有超过两百多年的历史。假设每十年换一届,也远远不止第九届啊。然后我去维基百科上查了下,啊,原来"第九巡回"是美国13个联邦上诉法院之一,主要负责来自一些州的上诉,好像主要集中在西海岸。

我还读了一下第九巡回法院对特朗普入境禁令的裁决:“无论如何,政府无法证明如果其赢得本案将对国家有利,也无法证明败诉后的禁令搁置会给国家带来无法挽回的损失,所以我们拒绝政府的紧急诉求,暂不执行禁令。“

也就是说特朗普无法证明因为有某些紧急危险,必须马上执行禁令。所以,总监察官们根据”正当程序条款“这一诉求赢得了本次裁决。

真有意思! 不过,我还是很好奇,为什么叫”巡回“....是“地带”的意思么?