Plaintiff counsel now beginning.
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Judges are demanding that he explain what's wrong on the *face* of the order and he just can't convincingly talk around it
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He was almost certainly mooted on this question and what is happening
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Sorry, his performance isn't super relevant to this case, it's just very frustrating to hear this contrast
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Judge: "You just don't want to answer the question" Oof, you never want to hear that
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Judge getting extremely frustrated with him. Asking if Lemon is applicable and he JUST DOESN'T RESPOND and has to be asked again.
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He says Lemon as explained by McCreary.
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Now questioned on cases that say that First Amendment doesn't apply to foreign nationals outside US borders
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THIS IS SO FRUSTRATING TO LISTEN TO
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This is almost as bad as Flentje's performance and he doesn't even have the excuse of only having prepped a few hours before
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He's being handed so many softballs and the judges are asking him obvious ones and I want to die
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Judge Shedd: "Your argument is that he is tainted by animus, is that correct?"
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Judge Shedd asks if the animus follows all the way through to AG and secretary of DHS, and why their giving reasons doesn't override taint
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An interesting question, that the lawyer cannot navigate
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Lol lawyer brings up the statement about the Muslim ban on the website. "He hasn't removed the statement on the website"
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Judge: "Still there today?" Lawyer: "Last I checked, yes"
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Judge Niemeyer asks if they're going to look for statements from 20 years ago
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another judge interrupts to say they're only looking for relevant and probative statements, seemingly intervening out of pity
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Oh my god has he not run out his clock yet? I am squirming so hard with discomfort rn
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so much of"winning" at oral argument is just flexibility and speaking skills, honestly. Thank goodness judges read the briefs.
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I knooooooow but he's stumbling on the key part of this case and whyyyyyyyy
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I am sympathetic! Painful to hear advocates choke up that way, especially once the bench starts lobbing softballs at them.
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