Canby says that there's no evidence of terrorists in America coming from countries named in the ban.
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holy shit this long silence
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holy goddamn the government is going down in flames
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Clifton agrees that the state can't have a parens patriae interest, actually, but he still seems to think the state has standing
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Bud, you should have never brought up standing. You're getting destroyed.
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I've never seen a standing argument go so badly for the government
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Life comes at you fast https://twitter.com/agcrocker/status/829106728826335232 …
Ce Tweet est indisponible. -
oh my god you could just hear Flentje turning a page over the telephone, in total silence, and it was so awkward
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Canby: Could the order have said, "We're not going to let any Muslims in?" Flentje: That's not what the order does— Canby: But could he?
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Flentje tries to move on Clifton: We'd like to hear an answer to that.
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Clifton: Would anyone have standing to challenge that? Flentje says a US citizen would
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Flentje finally gets a word in edgewise, is able to speak more than three sentences at once, and at last says the injunction is overbroad
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Friedland: If true that the EO violates the Establishment Clause, [and doesn't meet standard], wouldn't it be invalid on its face?
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Friedland: Can't an Establishment Clause claim be made by one individual and invalidate the whole thing?
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Flentje says that the 9th Circuit has to lift the injunction w/r/t people who've never been to the US, because Washington's standing
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He reserves the remainder of his time, and is done for now. Now it's Noah Purcell, arguing for Washington.
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Purcell says that seeking a stay is the wrong remedy, rather than seeking mandamus.
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Then Clifton speaks for the entire audience that's listening by replying, "Why should we care"
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Purcell and Clifton go back and forth for a bit on this procedural question and then Clifton says that this isn't important (lolol)
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Purcell wants to move onto the merits. Regardless of procedural argument, they still think 9th should reject DOJ.
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Purcell: EO itself caused irreparable harm to our state and its people.
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Clifton: What's the harm to the state of Washington?
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Softball, because I'm pretty sure Clifton was just ennumerating those harms in the last part
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Friedland: If we don't agree with the parens patriae theory, are we limited in harms we can consider?
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Purcell is doing a much better job but let's not be too hard on Flentje: how would YOU do on the phone defending a morally repulsive order?
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Purcell now responding to the contention that they have to limit injunction to how it affects "long-time residents" of WA etc
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Canby asks Purcell about being confined to the four corners of the instrument (have to review EO just on its face)
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I'm not following the gist of Purcell's argument but this isn't really the kind of law I know a lot about
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Purcell: We are at the pleading stage. Allegations to be treated as true
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Clifton: Why should the temporary restraining order reach beyond LPRs? Purcell: wouldn't remedy the Establishment clause violation
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Purcell: also Equal Protection, relies on discriminatory animus, prevents ppl from visits from friends and family
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