UPDATED @ 6 PM EST: I am listening into the Ninth Circuit’s feed — and the US DoJ is claiming that the President’s EO is “unreviewable.” The three judge panel has jumped in with very hostile questioning — the panel is telling the lawyer for Mr. Trump that cannot be. So the Ninth Circuit has already said that the DoJ appeal is premature on TRO grounds — but the Ninth Circuit is now peppering the DoJ “on the merits” — suggesting that it cannot be true that the judicial branch is not allowed to review Presidential Executive Orders.
Thus this is going quite badly for Mr. Trump. I think he’s already lost any chance of lifting the TRO at this point. One panel member, Judge Michelle Friedland, just suggested she thinks the EO commits a violation of the Establishment Clause, and thus is facially invalid. Ouch — for Mr. Trump. [End, updated portion.] As promised. . . then:
I have but a moment now to dash this off — thus, here is a link, to the live-stream of the Ninth Circuit hearing this afternoon — so listen in, for history is being made here — in real time.
. . . .The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and propriety of conduct they appear to merit the enjoyment. . . .
— George Washington (1782)
. . . .[L]et the poor, the needy and oppressed of the Earth, and those who want Land, resort to the fertile plains of our western country, the second land of Promise, and there dwell in peace, fulfilling the first and great commandment. . . .
— George Washington (1785)
. . . .I had always hoped that this land might become a safe and agreeable asylum to the virtuous and persecuted part of mankind, to whatever nation they might belong. . . .
— George Washington (1788)
Busy day ahead, out west here. . . . smile.