The government lost its motion in the Ninth Circuit for an immediate stay of so-called Judge Robart’s order. Instead, the appellate court ordered a highly expedited briefing schedule. This evening we learn that oral argument, by telephone, will take place on Tuesday at 6:00 PM World Time.
So-called President Trump’s lawyers filed their opening brief. The states replied, as required, in the wee hours yesterday. As I noted in an earlier post, the states characterized so-called President Trump’s position this way: “invoking national security prohibits meaningful judicial review and that courts cannot examine the Executive’e motives.”
Now the government has filed its reply to the reply brief. Did the government object to that way of summarizing its position? Did the government assert that the states were setting up a straw man? Did they say that the states were trying to mislead the court?
No, sir, they did not.
So now everyone agrees that the government’s legal position is that “invoking national security prohibits meaningful judicial review and that courts cannot examine the Executive’e motives.”
We also learn this evening that so-called President Trump learns all the latest in conspiratology from InfoWars.
Let’s say that tomorrow InfoWars learns of a zombie apocalypse in Bolivia and passes that information on to the president–who cites the zombie apocalypse as a national security risk justifying the exclusion of all Bolivians.
Because sometimes, you know, it’s really hard to tell if you’re dealing with a zombie.
Can the courts look into the rational basis for the president’s order?
No, siree, they cannot do that, according the government’s legal team.