Yes, but I am not comfortable with the concession made at the very end (p.11) to exempting from the Executive Order those who have been here and now seek to re-enter. It kind of undercuts 99% of the brief that speaks to the Executive plenary power in matter of alien entry.
Yep. They threw the 9th a bone for them to save face after telling them that Trump has 100% of the law behind him, and they don’t have legal squat to back Robart’s TRO.
DOJ concludes:
“At most, the injunction should be limited to the class of individuals on whom the State’s claims rest-previously admitted aliens who are temporary abroad now or who wish to travel and return to the United States in the future.”
I assume there isn’t much back and forth alien traffic coming here from there and back again to these 7 foreign states. The US government likely believes the numbers are small.