Several blog-authors (myself included) have tacitly avoided mention of the below topic -- not wanting to give 45 any useful trail-maps on possible paths through the woods he's made for himself.
Today his administration indicated that a new travel ban order is actively being vetted. I say bring it on. What, at bottom, he wants to do. . . cannot lawfully be done by his office acting alone. And as of next Saturday, his current ban expires by its own terms. The Supremes won't decide a moot case, under a couple centuries' worth of black letter precedent. So, without an identically-worded Muslim Ban 3.0, one with a later sunset date, the final outcome will be that Trump lost 13 of 13 cases in which his travel ban was litigated, on the merits.
So, I'd expect an identical Muslim Ban this week, one we will call 3.0. And to be clear, if it is not in every respect (save only expiry date) identical to the last one, applicable precedent will mean that Mr. Trump will have to start re-litigating 3.0 all over again, at the bottom -- defending it in trial courts around the nation, where it too will lose. And so, he won't reach the Supremes again until perhaps election day in 2018. Poetic justice, that.
We will bring it -- with plaintiffs named in original federal constitutional litigation -- all as newly filed complaints, in the USDC of Hawaii, Brooklyn and in DC -- as well as now-likely challenges in San Jose and Chicago. Bank on that. In sum, we will resist. Resist. Resist. Onward.
नमस्ते
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