The U.S. Court of Appeals for the Ninth Circuit heard arguments for just over an hour Tuesday on the Trump administration’s travel ban and a Seattle judge’s stay of Trump’s executive order. Judges William Canby, Michelle Friedland, and Richard Clifton presided over the hearing and are expected to issue a ruling this week, and as early as Wednesday.
U.S. Appeals Court ends hearing over Trump travel ban; judge says will issue decision 'as soon as possible.' More: https://t.co/lYRZLZ8nNC
— Reuters (@Reuters) February 8, 2017
There is a very small gathering of demonstrators outside the 9th Circuit Court of Appeals in San Francisco pic.twitter.com/IlHSHJn5hr
— Tom Miller (@TomMillerKXAN) February 8, 2017
More than 136K people now listening to livestream of 9th Circuit arguments on YouTube as hearing winds down.
— Stephen Montemayor (@smontemayor) February 8, 2017
Judge Clifton in particular seemed to put an end to the idea that the travel ban is in reality a Muslim ban, which is how opponents refer to it in hashtags and on protest signs. As Sarah Jeong of Motherboard explained:
Clifton is not woke
— sarah jeong (@sarahjeong) February 7, 2017
Washington’s solicitor general, Noah Purcell, argued for the states.
"The order relies on discriminatory animus," Purcell argues in #travelban hearing, says govt has no plan to implement narrower stay
— Doug Sovern (@SovernNation) February 7, 2017
Judge Clifton challenges Purcell claim that admin sought to "harm Muslims," since vast majority of Muslim nations not barred by #travelban
— Doug Sovern (@SovernNation) February 7, 2017
Clifton: Not sure I'm convinced by religious discrimination allegation. What % of Muslims worldwide live in 7 covered countries? Seems low
— Zoe Tillman (@ZoeTillman) February 7, 2017
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Purcell: haven't done the math. But don't need to show all Muslims affected, just that it was the motivation.
— Zoe Tillman (@ZoeTillman) February 7, 2017
Clifton asks what % of world's Muslims affected by #travelban. Purcell doesn't know, but says only have to prove desire to harm some,not all
— Doug Sovern (@SovernNation) February 7, 2017
Clifton: what should lead us to conclude you have likelihood of success on arg that ban meant to favor one religious group over another?
— Zoe Tillman (@ZoeTillman) February 7, 2017
Purcell: the president called for a complete ban on Muslims. Clifton: is that this ban? Purcell: no, it's not a complete ban
— Zoe Tillman (@ZoeTillman) February 7, 2017
Clifton asks for evidence of animus.
Purcell: Well for one, the president called for a complete ban on the entry of Muslims.— sarah jeong (@sarahjeong) February 7, 2017
Clifton: Is that this ban?
Purcell: No—
It's just evidence of the motivation— sarah jeong (@sarahjeong) February 7, 2017
No, this isn’t that ban, despite what protesters insist … not that Clifton wasn’t aware of Trump’s stump speeches during the campaign.
Hmm …
1/28 on Fox—Rudy Giuliani said Trump asked him to do a “Muslim ban…legally” so they came up w/the travel ban. Today Rudy came up in court. pic.twitter.com/4O7MojNj5t
— Bradd Jaffy (@BraddJaffy) February 8, 2017
Judge Clifton gave grief to DOJ lawyer re Trump comments on banning Muslim entry: "you deny those statements were made?"
— Marc Caputo (@MarcACaputo) February 8, 2017
Clifton: what about past presidential orders that singled out people from particular countries, like Cuba? Purcell: those were narrower
— Zoe Tillman (@ZoeTillman) February 8, 2017
"Can you treat people differently based on the nation they come from? We treat people from North Korea differently from France" – Clifton
— Doug Sovern (@SovernNation) February 8, 2017
"I guess I have a problem with your interpretation" Clifton says to Purcell as arguments close #travelban
— Doug Sovern (@SovernNation) February 8, 2017
9th Circuit Judge Clifton put WA Solicitor Genl Purcell on notice: you haven't made your case to kill Trump's so-called Muslim ban pic.twitter.com/PWwvdjmQ97
— Marc Caputo (@MarcACaputo) February 8, 2017
The attempt on the part of 2 judges to turn the travel ban into a "Muslim ban" was disturbing. Sounded like Dem talking heads.
— Paul #CountryFirst Drake (@PaulWDrake) February 8, 2017
Clifton seems outnumbered based on the types of questions judges are asking
— Patrick (@EaglesPMC) February 8, 2017
Agreed https://t.co/zwAip79RKj
— Marc Caputo (@MarcACaputo) February 8, 2017
Judges seem to be asking WA AG for the ways to rule for him. Generally sympathetic to his position.
— Jeffrey Toobin (@JeffreyToobin) February 7, 2017
All 3 judges seem to believe that WA AG has standing, but Clifton seems to favor Trump on the merits. (Just a guess . . . )
— Jeffrey Toobin (@JeffreyToobin) February 7, 2017
What’s the verdict, so to speak?
Our legal analyst @RoryLittle agrees that #9thCircuit is likely to leave stay in place, blocking #travelban:"they weren't persuaded" by govt
— Doug Sovern (@SovernNation) February 8, 2017
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