The Washington Post reports tonight:
“A federal appeals court will hear arguments Tuesday at 6 p.m. Eastern on whether to restore President Trump’s controversial immigration order, which a lower court judge has temporarily put on hold.
The scheduling of the hearing came as Justice Department lawyers on Monday made what is likely their final pitch to a federal appeals court to immediately restore President Trump’s controversial immigration order, while tech companies, law professors and former high-ranking national security officials joined a mushrooming legal campaign to keep the measure suspended.
“The Executive Order is a lawful exercise of the President’s authority over the entry of aliens into the United States and the admission of refugees,” Justice Department lawyers wrote.”
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According to NBC 4 News tonight, the DOJ also has a “Plan B” up its sleeve to present to the Ninth Circuit: limit the scope of Judge Robart’s TRO to those already in the U.S.
As I emphasized to my students at Georgetown Law, when dealing with asylum and immigration issues, “It’s always wise to have Plan B.”
For those who want to tune in to the oral argument tomorrow, it’s streaming live on the 9th Circuit’s website: https://www.ca9.uscourts.gov/
PWS
02/06/17