I listened yesterday to the oral arguments before a panel of the Ninth Circuit Courts of Appeal on whether the stay on Trump’s Executive Orders on people entering the US that was imposed by the US District Judge in the state of Washington should be lifted. (You can listen to the oral arguments here.) It is always hard to predict outcomes based on the kinds of questions that the judges ask. The questions posed to August E. Flentje, the attorney speaking on behalf of Trump’s orders, were more sharp and skeptical and the attorney seemed less prepared. At the end he even conceded that he did not seem to be persuading the justices. He admitted that the rollout of the orders had been confusing, with legal permanent residents first being included in the ban and then excluded and suggested that an acceptable outcome might be for the judges to rule that the ban only applies to people who have never been in the US before. One justice pointed out that it should not be their job to clarify what the administration’s intentions are about who is covered and that the administration could issue new orders that were clearer.
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