And here's the key point from the District court in blocking part of the new travel EO on Establishment Clause groundspic.twitter.com/ywbVLLo7m8
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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
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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