Thursday, February 09, 2017

9th Circuit Declines to Stay Injunction of Trump's Refugee Ban

You can read the per curiam opinion here (the panel included two Democratic appointees and one Republican appointee). It is worth stressing that this is still a very preliminary stage of the litigation. But the 9th Circuit's analysis doesn't bode well for how the ban will fare "on the merits" -- particularly in how it treats the question of a potential religiously discriminatory motivation.

And I have to say, kudos to the judges (and clerks) on the panel for putting out such a thorough and well-reasoned opinion on a very significant time crunch.

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