The first panel did not rule on the Establishment clause violation, just found by the district court in #HawaiivTrump https://twitter.com/JohnQAdams11/status/842144690392731648 …
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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
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9th Cir. had suggested last time that if national security need for EO was serious, court could take classified info under special procedure
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And you can see how much DOJ has been hurt by earlier 9th Circuit decision in Washington case, still on the books
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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
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But that opinion will continue to hurt, and shows lasting damage of precipitous action last time.
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Is this opinion vulnerable? Possibly---cases on "motive" and involving national security could lead to differences of opinion. Also on scope
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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.
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govt didn't appear to put ANY evidence in on security issue. & DHS report issued in Feb undermines the claim & was cited in case
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