On the individual plaintiff joined with Hawaii in the lawsuit, Wall says there's no standing, no const harm, and/or a losing merits claim.
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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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EO and Korematsu I and II are part of every 1L con law curriculum. If he's having that much trouble, I'll be happy to dig up my outline. FFS
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I suppose it's *a* way to get around having to answer questions about Korematsu that you don't have answers for.
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questions by judge re: Korematsu seem relevant-majority op. in that case was way 2 deferential to govt reasons that turned out to be false
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Right!?!? How???
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