Ninth Circuit arguments on Trump's 2nd travel ban EO coming in 18 minutes, broadcast live on @cspan
—>https://twitter.com/cspan/status/864148475809804288 …
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Here is Roosevelt's order: https://www.buzzfeed.com/chrisgeidner/how-the-wwii-internment-camps-that-virginia-mayor-approves-o?utm_term=.km8Ej6zadQ#.ngAk6qV5JN … Cc: Acting Solicitor General Wallpic.twitter.com/xYlenTLl4t
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Next up: Neal Katyal, for Hawaii.
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Katyal says Trump has never disavowed the Muslim ban comments.
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Katyal notes Trump's "watered-down version" comments on March 15.
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Honestly, I've just been a bit off-kilter since Wall said he's not even read FDR's EO that resulted in the WWII internment camps.
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Gould asks if the injunction can be affirmed on statutory grounds (if not Estab Cl). Katyal says yes.
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Katyal reads out list of all the amici — faith groups, states, Cato — arguing that this is an Establishment Clause violation.
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Wall is back up for rebuttal.
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Wall's defense of Trump's comments at the EO signing: "He makes this six-word offhand comment."
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Wall, in closing, does note the "overbreadth of the injunction" — hoping, at the least, for a narrowing of the injunction.
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The two tweeting lawyers who argued against Acting SG Wall in the 4th and 9th Circuits last week and today:
@OmarJadwat &@neal_katyalpic.twitter.com/eu5mX1fMRW
End of conversation
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Huge moment in the case. The distinction between Korematsu and this case can't just be: "We now know that interning Americans was bad."
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Inconceivable that he didn't read the order in preparation for argument.
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Do they teach that one in law school?
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That seems like something that someone in his position would want to do? Or is he trying to brazen out "it's totally not the same"?
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The actual order issued by military authority and at issue in case did in fact say Japanese
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