Thursday’s appellate court opinion, which denied President Donald Trump’s appeal concerning his immigrant ban executive order, was unsurprising. It cautiously declined to upset the status quo, temporarily continuing to prevent the executive order’s enforcement nationwide. But it also allowed for further briefing and argument.
As a constitutional law professor and former Justice Department litigator, I see the court’s reasoning as suggesting deep skepticism of Trump’s position and, at the same time, spotlighting the main issues for the further appeals that will inevitably follow.
The order, then the ban
Among other things, the executive order bans for 90

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