Rick HasenVerified account

The Hawaii court had found that Trump EO 2.0 violated the Establishment clause because Trump in statements showed anti-Muslim animus /4

Even though #WavTrump did not decide Establishment issue, J. Kozinski uses mention of it there and reliance in Hawaii case to state views /5

Js. Reinhardt and Berzon say what Kozinski is doing is wrong, because that issue is not before the Court; Kozinski say they're "insecure" /6

As to proving animus through campaign statements, Kozinski is adamant they should not be used. Worries about "evidentiary snark hunt" /7

Kozinski suggests campaign statements from "poor schlub" campaigning cannot be taken serious and doing so violates 1st amendment /8

He says, citing McCutcheon, that it would chill political speech if campaign statements could later be used to prove government motive. /9

He doesn't discuss Trump statements in office, or those of Miller etc. But seems to say all campaign statements should be off limits /10

J. Kozinski is smart, iconoclastic, and idiosyncratic judge. His opinions (like J. Posner's) get attention because he's very smart, loud /11