Wednesday, March 29, 2017

[U] Live Hearing In Hawaii, Today -- On Preliminary Injunction Against "Muslim Ban 2.0" -- At 3:30 PM EDT

UPDATED: 03.29.17 @ 10:45 PM EDT: Preliminary injunction ENTERED -- new post in a minute. The able Judge Watson has indicated, from the bench, that he will rule by end of day, Hawaii time. I am nearly certain he will enter a preliminary injunction now -- sort of a "longer acting version" of the TRO, from two weeks ago. Consider the live-blogging from US News & World Report:

. . .Judge Watson noted that the government said 20 refugees were resettled in Hawaii since 2010.

"Is this a mathematical exercise that 20 isn't enough? ... What do I make of that?" the judge asked [Trump Administration lawyer] Readler.

The government attorney replied that 20 is simply a small number of refugees.

"In whose judgment?" Watson asked.

Constitutional harm exists regardless of the number of people affected or for how long, Hawaii's attorney general said.

In his arguments, [Plaintiff State of Hawaii AG Office's attorney] Chin quoted Trump's comments that the revised travel ban is a "watered down" version of the original.

"We cannot fault the president for being politically incorrect, but we do fault him for being constitutionally incorrect," Chin said. . . .

Ouch. I'd now expect a nationwide injunction, as of tonight, out of Honolulu. [End, Update.]

In the unlikely event that it begins to look like the able Judge Watson will rule from the bench, at today's hearing, I will live-blog it.

Otherwise -- I'll fall silent, and rely on MSM accounts. I do not expect any meaningful change in the nation-wide TRO status tonight, local time (just to be clear).

In any event, here is what's up (lots of MSM outlets have live-bloggers in the courtroom, already this morning -- specifically granted court access, by orders entered):

. . . .The Court is in receipt of the parties' Joint Motion For Entry Of Proposed Briefing Schedule Order For Plaintiffs' Forthcoming Motion to Convert Temporary Restraining Order to a Preliminary Injunction. Dkt. No. 235.

The Court enters the following briefing schedule: Plaintiffs shall file their Motion to Convert Temporary Restraining Order to a Preliminary Injunction ("Motion") by 9:30 A.M. H.S.T. on Tuesday, March 21, 2017. The Government shall file its Opposition by 9:30 A.M. H.S.T. on Friday, March 24, 2017. Plaintiffs shall file their Reply by 9:30 A.M. H.S.T. on Saturday, March 25, 2017.

The Court will hold a hearing on Plaintiffs' forthcoming Motion at 9:30 A.M. H.S.T. on Wednesday, March 29, 2017.

Counsel may participate by phone by notifying Judge Watson's Courtroom Manager by Tuesday, March 28, 2017 and providing the phone number where counsel may be reached at the time of the hearing. The Court will contact the parties via phone at the time of the hearing. The Court advises that the hearing date/time may be changed, or vacated, upon review of the briefs. Per the parties' stipulation, the Court's Temporary Restraining Order ("TRO") of March 15, 2017 (Dkt. No. 219) shall remain in place until such time as the Court rules on whether the TRO should be converted to a preliminary injunction or until otherwise ordered by the Court.



Now you know. Onward -- but I see a preliminary injunction, ahead. My bet is that Judge Watson won't rule for a week or two, this time, though -- as the earlier entered nationwide TRO has obviated any need to rush it. Smiling, ear to ear. . . .


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