Unanimous Ninth Circuit Decision on Travel Ban

I just finished reading the order. It was clearly a rush job on the part of the Ninth Circuit, but it was well drafted. The panel of judges clearly anticipated that their order would be taken up by the USSC. Because of their diligence, I don’t think that a divided USSC wants to take up review of what is effectively a preliminary injunction. I suspect that the USSC will let the Federal District Court in Seattle actually try the case through to a permanent injunction.

The one really interesting take away from the decision was the court’s decision to focus on 45’s “Muslim Ban” rhetoric (yes, I have taken to referring to him as “45”; get over it).

By characterizing this as a Muslim Ban and a “campaign promise kept”, 45 has basically hung himself on the Equal Protection Clause of the Fourteenth Amendment. I’m not sure how to handicap what will happen next, but my suspicion is that this won’t be taken up by the USSC right now.