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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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
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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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