Ninth Circuit Argument Turns on Whether the Ban Clashes with the Immigration Act
Peter S. Margulies analyzes the arguments on Lawfare. Here is the introduction:
“On Dec. 6, the Ninth Circuit heard oral argument in Hawaii v. Trump, in which the plaintiffs are challenging President Trump’s Proclamation (EO-3). The argument centered on the same statutory issues the court addressed in June, when it held that the earlier temporary ban violated the Immigration and Nationality Act (INA). Judges Ronald M. Gould, Michael D. Hawkins and Richard A. Paez reprised their roles. Overall, the tenor of the argument suggested that the panel would find that EO-3, like its predecessor, violates the statute. Judge Gould indicated that the panel would heed the Supreme Court’s request and rule quickly; thus the case may return to the Supreme Court by early 2018.”
KJ