Hawaii v. Trump oral arguments begin now: https://www.youtube.com/watch?v=d7IJARo-6iI …
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JUDGE PAEZ: There is no case like this, is there?
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^ which, like, is the crux of the whole case. there has never been a president this blatant ever before
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we're now discussing standing, this is be interesting because previous 9th cir bound the hawaii lower court to find that hawaii had standing
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WALL: This is at least two bridges beyond the Catholic League case.
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that's a weird way to put it
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As he was in the 4th Circuit, Wall is really really good.
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And this is going a lot better than the 4th Cir arguments, we're discussing 1182 and he's going along without any interruptions.
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The 4th was slamming Wall down every half-sentence, and 9th is letting him just go on.
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So far, we've had a very passing discussing of Mandel (the facial legitimacy case) and longer discussion of standing & statutory authority
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Now we're getting to what Wall acknowledges is the "nub of the case."
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Gould asks if there's a way for the court to know if this is a Muslim ban under the guise of national security concerns.
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Wall starts talking through the Mandel case, doesn't quite answer the q tbh but smoothly talks through what the court isn't allowed to do
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HAWKINS: I'm going to ask you the question that my friend Judge King asked you last week, has the president ever repudiated his statements?
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HAWKINS: Seems like you think we should use an abuse of discretion standard... if you can read it both good and bad, we should read it good.
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Wall says that the district court read the EO in the light "most harsh and most disfavorable" to the president, and that it's not allowed.
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PAEZ: Would the Korematsu case [Japanese internment] pass muster in your eyes? .... you keep saying "facially legitimate" *waves hands*
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WALL: This case is nothing like Korematsu. Says that if the case were Korematsu the government would NOT be defending it now
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PAEZ: How do you apply "facially legitimate" to a case like that?
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Paez says that the EO doesn't say anything about Japanese. Wall admits he doesn't know much about the specifics of the EO in that case.
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Wall says that no court today would say that Korematsu survived Mandel. That... is a statement I would like further input on.
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Trump surrogates have said that Korematsu is good law.
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Wall wraps up and reserves the remainder of his time. That went really really well for him.
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Neal Katyal [also once an acting solicitor general!] is now arguing for the state of Hawaii.
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Katyal says that the 9th in Washington v. Trump said Mandel did not apply, "That is a square holding of this court."
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I believe he just read from the decision.
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Katyal starts reading off Trump's statements.
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PAEZ: Those statements are profound. I'm familiar with them, I've read them. But asks if they should note context of contentious campaign
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Katyal says that as the district court found, it wasn't just campaign statements. Notes the "We all know what that means" moment
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KATYAL: We're not trying to get into the president's head.
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LMFAO KATYAL JUST READ ALOUD A QUOTE ABOUT THE "MUCH-OVERTURNED NINTH CIRCUIT" IN THE NINTH CIRCUIT
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