Hawaii responds to DOJ's cert petition in the #travelban 3.0 case: https://www.documentcloud.org/documents/4349484-17-965-Trump-v-Hawaii-Brief-in-Opposition.html … #SCOTUSpic.twitter.com/tUREb97cl3
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[That was a joke.]
In this case, obviously the Q.3 addition is key. Hawaii opposes granting cert, but if the court does, they want the Establishment Clause question on the table. That's an alternative argument.
But the establishment clause is part of Q2, isn't it? So it's on the table. And if they win on that, presumably it gets a different answer to q3. I'm not saying Hawaii is wrong here, I just find it difficult myself to do this as appellee/respondent.
No, I have no idea what lawyers do as I'm exceedingly dumb. Restating an argument is not the same thing as arguing in the alternative. Arguing in the alternative is, even if I lose on that, I still win because X.
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