WE ALL KNOW HOW THIS WILL TURN OUT – AT 9:20 A.M. ET: The Trump administration is back before the Ninth Circuit today, the most overturned federal appeals circuit in the country. From Fox:
The latest legal showdown over President Trump’s revised executive order targeting refugees and nationals from six predominately Muslim countries hits a Seattle appellate courtroom Monday morning.
The key issue before a three-judge panel is whether the president’s comments before he took office – suggesting he would ban Muslims from entering the country -- provides sufficient legal grounds to rule his order unconstitutional.
In March, a federal judge in Hawaii enjoined the order from taking effect, not based on the language of the directive, but rather the “religious animus” of comments Trump and his advocates made about the policy.
“The [lower] court’s reliance on such statements in the face of a religion-neutral order is fundamentally wrong,” acting Solicitor General Jeffrey Wall wrote to the court defending the order.
Wall argues the president’s policy is not a “Muslim ban,” but rather Mr. Trump’s good faith effort to protect rights while securing the homeland from foreign terrorists. And that the president’s executive authority in protecting the country and enforcing immigration laws in this matter is beyond judicial review.
COMMENT: I'd be shocked, if gratified, if the judges decide for the president. Ninth Circuit is highly political. Its decisions are frequently thrown out by the Supreme Court.
I'm sure CNN will cover the story, and salivate waiting for the result.
May 15, 2017
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