. Also, note the unanimity of the panel despite ideological differences. Another object lesson for #SCOTUS
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"There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our const. democracy."
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Pages 21-22: Don McGahn's memo as White House Counsel cannot supersede an executive order.
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Page 22, 9th Circuit throws some shade on the Trump Administration not having its act together
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And, offering a counterpoint to Sam Bray, 9th Circuit offers a defense of a nationwide injunction in this context
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9th Circuit offers another path to Trump Admin. besides SCOTUS, district court: rewrite to executive order to avoid constitutional problems
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Perhaps to keep J. Clifton, 9th Circuit panel weighs in only on due process issue, and not religious discrimination/"Muslim ban"
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All in all, this opinion manages to reach merits unanimously,decide very little.Hard to see 5 votes (maybe not even 3)to overturn at #SCOTUS
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OK 9th cir/#appellatetwitter nerds: what about trying to go en banc in hopes of getting a conservative draw? (But if you've lost Clifton)
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So what happens next in EO case? Trump admin will either petition entire 9th Cir. (en banc) or #SCOTUS to reverse today's ruling (/1)
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#AppellateTwitter seems to lean #SCOTUS. That would likely not be to get a win but to hope for a 4-4 split. More likely is 6-2 (/2)
That's not how it might come out when case is fully done but in this procedural posture. Maybe you get J. Alito or Thomas to dissent (/3)
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Don't think that's the wise course, but sounds like that's what the President wants. But meanwhile (/4)
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