Where’s the Revised Travel Ban?


The Ninth Circuit issued its ruling in State of Washington v. Trump on February 9. Fairly soon thereafter, we learned that Trump would not take an immediate appeal to the Supreme Court nor ask for an en banc reconsideration by the circuit court, but would instead issue a revised travel ban. The revision, we were told, would be coming sometime soon. It is now February 21. It’s still allegedly coming sometime soon.

What happened?

Politico has a lengthy thumb sucking story this evening. But let me try a shorter answer to the question.

First, we may definitively reject any thought that the elapsed time is due to difficulty in draftsmanship, or, as Aardvark likes to say, draftspersonship. Aardvark knows from legal draftspersonship. This is not something you whip out in half an hour. But, as a matter of drafting, if you have someone who actually went to law school, you should identify any problems, find appropriate language, critique the language, make any tweaks, and tie the damn thing up in a pretty pink package in a matter of a couple of days.

Second, I see no persuasive evidence that substantive issues about who should be banned and who shouldn’t be banned ought to take a tremendous amount of time to resolve.

No, I think the problem is that they ain’t got no stinking evidence to back up the executive order—and Trump is trying in vain to get the intelligence agencies to manufacture some to fit the case.