2. First, & most importantly, today's ruling narrows clearly overbroad aspects of HI injunction & allows internal procedures into effect.
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Replying to @steve_vladeck
3. This had been among the gov'ts best arguments for stays—that HI ruling doesn't even allow internal reviews with no external effect...
1 reply 8 retweets 24 likes -
Replying to @steve_vladeck
4. Second, 9th Cir., unlike the 4th, relies entirely on statutory argument, showing that ban is illegal w/o reaching Establishment Clause...
1 reply 14 retweets 35 likes -
Replying to @steve_vladeck
5. This both weakens case for cert. and provides a compromise way to leave
#TravelBan on hold w/o issuing broader constitutional ruling...1 reply 14 retweets 27 likes -
Replying to @steve_vladeck
6. Third, and unlike 4th Cir., today's opinion is unauthored with no noted concurrences or dissents. The court is speaking with one voice.
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Replying to @steve_vladeck
7. Taken together, all three of these points should undermine the government's chances for stays (and on the merits) before
#SCOTUS...1 reply 13 retweets 31 likes -
Replying to @steve_vladeck
8. There's now no obvious overbreadth problem; a statutory off-ramp to avoid broad constitutional holding; and consistent results below...
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Replying to @steve_vladeck
9.
#SCOTUS still tends to grant "national security" cases when gov't asks, but I wouldn't be surprised at all if the _stays_ are denied.2 replies 9 retweets 19 likes -
Replying to @steve_vladeck
10. And thanks to today's ruling, by the time
#SCOTUS would hear the merits, this might all be moot (since the EO would've run its course).2 replies 11 retweets 28 likes -
Replying to @steve_vladeck
11. All of this is why DOJ should never have allowed 9th Cir. to rule here & why ruling does more than just create more bad headlines. /end
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From a risk-tolerant pro immigration POV, wouldn't you *want* to argue on the merits? Probably never a better chance to restrict authority?
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