DOJ/Trump lost. Temporary restraining order still in place. Very early stages, long way to gohttps://twitter.com/orezpraw/status/829831030815219712 …
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Maybe they were accounting for Trump tweeting later? Now he has to tweet angrily at some guy named Per Curiam.
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Would be interesting to see stats on that, I'm not aware of any, but it's true there's no dissent to fall back onhttps://twitter.com/andrewsheeler/status/829834299960619009 …
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I think it would be stupid to take this one to SCOTUS now, but I think several things that have happened are quite stupid
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WH hasn't even put forth a NOMINEE. One of the candidates withdrew today, citing vitriolic Sessions confirmationhttps://twitter.com/NicoleOKing/status/829835064359923712 …
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Going to set aside my work now and tweet out portions of the opinion as I read it
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Going to reiterate that I don't have any special expertise in this area of law, so this is just going to be basic bitch lawyer commentary
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Will try to aggregate links to better commentary as it appears, later
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9th Circuit is chucking out the parens patriae theory but not deciding it for now.pic.twitter.com/sSDxvSmfc4
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Looks like standing comes from the universities. That's interesting and if this stands, it's going to open up a lot of lawsuitspic.twitter.com/JpygoBqsuj
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Court says Mandel case doesn't mean the EO is not subject to judicial review, it's too sweeping for Mandel to be on pointpic.twitter.com/Fy1mJi4F6i
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Really interesting to see Obama-era incoherent nat-sec motivated 1st Am cases come back as troubling precedentpic.twitter.com/nkn3587UmJ
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Like. Humanitarian Law Project's dissent is getting thrown in herepic.twitter.com/DWfvihxKNA
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Humanitarian Law Project is a case about lists of terrorist designations and "material support" — https://www.supremecourt.gov/opinions/09pdf/08-1498.pdf …
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HLP sought to give legal training to PKK and Tamil Tigers, and this was deemed material support for terrorism. Government won this case
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Rules of citation means the cases get cited backwards through time. creates a striking picture here: a line from 9/11 to Japanese detentionpic.twitter.com/wZmqwxRP8V
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This is the standard that has to be applied to the govt's request. 9th Circuit concludes the government failed at step 1 and 2pic.twitter.com/4jzzeQ2XEH
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#1 is key here. The 9th Circuit is looking at this case and going, "Yeahhhhh, you guys are going to lose."*
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* legally speaking, "you guys can't prove that you're likely to win"
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All aliens in the US have due process rights. And "certain aliens" (they don't specify) attempting to re-enter have due process rights toopic.twitter.com/AKGi41fag4
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Court throw shade on White House counsel, says there's no evidence that counsel is empowered to supersede the EO with clarifying instructionpic.twitter.com/0pg63dxg8J
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TRO will continue to be nationwide, and the scope will not be narrowed by the 9th.
pic.twitter.com/JlaxEeBovE
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9th Cir: TRO might be overbroad but why did you write such a bullshit EO then, stop hitting yourselfpic.twitter.com/CHtwiaqj1l
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I thought that the situation with Giuliani and the EO reminded me of Lukumi Babalu Aye, let me explainpic.twitter.com/EPPJCjXW4I
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Lukumi is a case about a Florida municipality that banned the killing of animals not for consumption https://en.wikipedia.org/wiki/Church_of_the_Lukumi_Babalu_Aye_v._City_of_Hialeah …
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The ordinance was targeted at santeria. A santeria church sued.
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Lot of perfectly good reasons to ban the killing of animals not for consumption. So Hialeah, Florida might have gotten away with it. But.
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The idiot city council basically filled up the official record with open denunciations of santeria and satanic practices
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"Hialeah's police chaplain testified that the Church worshiped 'demons'"
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Basically, they pulled a Giuliani. Got slapped down unanimously by SCOTUS because it was just too stupid
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Moving onto #2 of the standard for a request for a stay, 9th Cir says govt can't show irreparable harm. Incredible opportunity for shade.
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