IN APRIL, after two of his executive orders were blocked in court, Donald Trump described the Ninth Circuit Court of Appeals as “outrageous”. The court has a “terrible record of being overturned” by the Supreme Court, he said, and should be broken up into smaller jurisdictions. On May 15th, a three-judge panel of the president’s least-favourite federal court heard Mr Trump’s plea to reinstate his revised ban on travel from six Muslim-majority countries. None of the judges, all Bill Clinton appointees, appeared to harbour a grudge against the president for insulting their institution. Judges Michael Hawkins, Ronald Gould and Richard Paez were thorough and even-handed in questioning two exceptional lawyers: Neal Katyal, arguing against the ban, and Jeffrey Wall, the acting solicitor-general, who urged the court to undo a Hawaii judge’s order blocking the executive order.
After an uneven and messy hearing on May 8th at the Fourth Circuit in Richmond—a two-hour-plus inquiry into the travel ban led by a baker’s dozen of...Continue reading
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