William Baude on the 9th Circuit's Decision in Washington v. Trump

Quick Reactions to the 9th Circuit’s Decision in Washington v. Trump

Today the U.S. Court of Appeals for the 9th Circuit issued a unanimous per curiam decision in Washington v. Trump, denying the government’s emergency appeal to stay the temporary restraining order/preliminary injunction issued against Executive Order 13769.

I’m sure we’ll have lots to say about these legal issues as things evolve, but for now a few quick reactions:

1. While the decision is a complete win for the plaintiffs for now, it leaves a lot undecided. It rests on the most solid, and narrowest, theory of state standing (proprietary interests in the state universities in Washington and Minnesota). It decides that some of the affected individuals are likely to have successful due process claims. It does not reach the discrimination claim.

Read more at The Volokh Conspiracy