This morning, there was argument — on a pre-scheduled motion — in this important piece of federal “public interest“litigation, before the very able Judge Amon.
At the conclusion of the hearing, it was agreed by all that no new briefing will occur (and likely little else) — until Mr. Trump issues a new executive order, on the topic. That may come next week — but we heard that last week, about this week. even so — it matters little. The upshot is that his Muslim Ban remains indefinitely suspended — and the government has now agreed with this — until any new order is vetted by the court, thus:
. . . .Oral argument held on February 24, 2017. . . .
As stated on the record, Respondents will inform counsel for Petitioner as to which individuals on the list that was recently provided were admitted into the United States. Petitioners’ counsel will provide Respondents with a list of names of individuals that they believe were not included on the list so that the Respondents may investigate the matter. Counsel for Respondents and Intervenor Plaintiff requested to adjourn the present briefing schedule regarding a potential motion to dismiss the Intervenor Plaintiff’s complaint. The request was granted.
The parties will submit a new briefing schedule, if necessary, within seven days after a new Executive Order is issued. . . .
If and when 45’s new order issues — I would expect that within hours this court will assert jurisdiction in this pending 17-480 litigation, to temporarily restrain it from going into effect. The DoJ and the court seem to have agreed that this will be the case. No need to start a new proceeding — since the government claims the new one replaces and repeals the old one. We shall see.
Off now, for an early start to the weekend, and Saturday’s promised warm afternoon bike ride. Onward.