^ which, like, is the crux of the whole case. there has never been a president this blatant ever before
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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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i'm screaming
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he inserted a very small "sorry" right after the quote
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That quote ends with Trump saying that they should go back to the first order.
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Katyal says that if they take away all of Trump's statements, they wouldn't even get the order in the first place—no president has done this
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The McCreary case says that they have to take the context into account.
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KATYAL: This is a very unusual circumstance in which you have all of these statements.
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Katyal says that the govt's interpretation of 1182 would allow the executive to take a "magic eraser" to the US Code on immigration
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Seems like this panel is just more quiet than the previous 9th Cir panel and the 4th Cir en banc.
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(Makes sense in the latter, because en banc is so many judges)
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Katyal is getting through very long sentences without interpretation
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GOULD: If we find that the Establishment clause claim can't support the district court's injunction, can we uphold on the statutory claims?
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KATYAL: Absolutely.
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