Monday, May 15, 2017

[U] Ninth Circuit Oral Argument: Live Blogging, Later This Morning...


Mr. Trump: Time's Up. You. Are. A. Fraud.

Your "movement" is morally bankrupt -- and now largely non-existent -- gutted by your endless duplicity.

Watch it on C-SPAN, or. . . Look for my live coverage, in the blue pull quotes below (or if I am constrained by day-gig duties, look for the coverage initially in comments to this post -- as it is easier to post comments by phone, than edit the main post that way). Order here.

. . . .We are underway: the jurists are already probing Mr. Wall, over whether Mandel is the right standard. Exactly as it started in the Fourth Circuit.

It is clear that Mr. Trump will lose, unless Mandel is the standard. . . . Any other standard -- any first amendment case standard -- will be a death knell for Mr. Trump's putative order. . . .

Now on to questions of standing, and the panel is trying to understand how the Administration could even credibly claim the lower courts (all of them) were in error. Not likely. . . .

Now Mr. Wall has foundered, unable to explain away the fact that the 1965 Amendments to the NIA (signed by President Johnson, in the shadow of the Statue of Liberty) have not been repealed -- and that the "nationality" discrimination prohibition must be read consistently with subsequent amendments. Congress knows exactly how to repeal a prior law -- and it did not do so. Mr. Wall cannot clear that hurdle -- forgetting the constitutional violations. . . .

Now he is unable to explain Mr. Trump's campaign promises. . . .

[Oops! A work interruption here; back by 12:30 CDT. Ugh. Plaintiffs now underway. . . . Going well!]

Update: argument has concluded. On to the Supremes -- but I predict both the Fourth and Ninth Circuits will hold against Mr. Trump's Muslim Ban 2.0. . . .
[Graphic at right (and in today's masthead) derived from a legendary Reddit user, and all around great artist -- with courteous fair use claimed.] Be well. Be wise. Actively -- but peaceably -- resist the pumpkin-hued narcissist. Out.



नमस्ते

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