And the animus is shown by President Trump's comments themselvespic.twitter.com/l3nv4oXSaA
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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
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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