Rick HasenVerified account

Ordinarily temporary restraining orders are not appealable. Yet 9th Circuit in #WAvTrump allowed appeal, treating TRO as prelim. injunction

Didn't matter last time in #WavTrump, where R and D appointed judges on panel were unanimous. Now we've got two Obama appointees and one GWB

Case turns very little on immigration law and power of executive there. It is ALL about religious discriminatory purpose.

Also interesting:court gives short shrift to gov't argument on national security need. I don't believe gov't put in classified info to court

9th Cir. had suggested last time that if national security need for EO was serious, court could take classified info under special procedure

And you can see how much DOJ has been hurt by earlier 9th Circuit decision in Washington case, still on the books

It's no wonder DOJ asked 9th Cir. en banc to take the unusual step of "vacating" (or erasing) that panel decision. So far to no avail

But that opinion will continue to hurt, and shows lasting damage of precipitous action last time.

Is this opinion vulnerable? Possibly---cases on "motive" and involving national security could lead to differences of opinion. Also on scope

It is possible, once again, that this case ends up at #SCOTUS, probably before J. Gorsuch would get confirmed. Would Court split 4-4? Maybe.

Here's a link to district court opinion, courtesy of @joshgerstein http://politi.co/2nGqk2t 

Key lesson Trump Administration should (but likely won't learn): avoid self-inflicted wounds.