9th Circuit hears argument in East Bay Sanctuary Case

In East Bay Sanctuary II the 9th Circuit heard argument on December 2.  [briefs here]The government appealed the nationwide injunction entered on September 9, 2019 by Judge Tigar on remand. Two days later on September 11, 2019 the order was stayed by order of the United State Supreme Court.  Since then in an unrelated case New York v. Department of Homeland Security Associate Justice Neil Gorsuch went out of his way to pen an opinion decrying the dangers of nationwide injunctions.  Ian Millhiser, the Vox legal affairs correspondent, unexpectedly labeled Gorsuch's opinion a "good idea".  His point is that forty years of in which conservatives have come to dominate the Supreme Court have been capped by the flood of Federalist Society vetted nominees in the Trump years.  In Millhiser's view `forum shopping' will enable conservatives to obtain nationwide injunctions whcih can be relieved only by the lengthy appeals process.