Well. . . over some delicious miso soup and sashimi, at lunch — it took me all of five minutes to read — and re-read — the “new” order.
The problem 45 faces is. . . simply insurmountable. His own very public statements, along with (notably) those of Rudy Giuliani cannot be washed away. They are powerful evidence of a violation of the First, and Fourteenth, Amendments. Once “rung” — in the poetic language of the Supremes — that bell cannot be “unrung“.
[But Mr. Hinderaker — ever an ideologue — thinks it “bullet-proof“. Hilarious!] In any event, here is Mr. Trump, verbatim, then:
. . . .December 7, 2015: We will have a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on. . . .
That is the evidence — and no amount of lipstick on this pig will. . . suffice.
The “Three Day Condor” predicts this new order will suffer the same fate as the first one. And that will be. . . a victory for our federalized (republic) system of checks and balances, for the US Constitution, for our democracy, and ordered liberty. More than 240 years of US history hangs in the balance here — these are momentous times, indeed. But ones the founders left us well-equipped to address. Thank you, Messrs. Hamilton and Jefferson — and countless others. . . .
UPDATED @ 3:10 PM EST: The administration has already filed papers in at least three federal courts on both coasts, arguing that those courts should let the New Muslim Ban go into effect on March 16, 2017, thus: “…Rather, the Order applies only to those who are overseas and without a visa. That grouping presents the highest concern with respect to the adequacy of visa screening procedures, circumstances for which the courts afford “considerable deference to the President’s policy determinations.” Washington, 847 F.3d at 1164. 
Nor is there any immediate harm presented to that grouping. They do not have visas and do not have an entitlement to one. Indeed, even if there were some legal right, there is no imminent harm from a temporary suspension where visa applicants normally must wait a period of months or longer to apply and/or be issued a visa or travel document if found eligible. See Declaration of Emily Chiang ¶ 13 (ECF No. 8) (“The process of getting a visa for her mother who lives in Iran was long and arduous. It took six months to get an appointment with the embassy. Her appointment was in August and she finally received her visa in early January.”)….”
The portion I bolded, above — completely mischaracterizes the existing federal law. The Trump administration cannot change the law, simply by making a false assertion about it. The New Muslim Ban will be a dead letter. [The administration’s ED NY version of the filing (in 17-cv-0480) of this afternoon, may be found here.]
Later update: a very well-respected and very conservative legal scholar, says “Ban 2.0” is a dead letter — for certain. Professor Somin makes the argument in a more fullsome, adroit and thoughtful fashion, than I might ever hope to muster. But his thesis is mine as well.
So, do go read it all — if you want to know how this will all end. Here endeth my sermon, for this day.
नमस्ते
UPDATED: As of Saturday night, finally 
Mr. Trump seems incapable of grasping that what he or his surrogates from his campaign and transition team did, or might have done — under cover of SECRECY… is a very very serious issue.
Mr. Johnson at Powerline says this is all just an effort to “
…Others were more heated in their assessments. Rep. Elijah E. Cummings (Md.), ranking Democrat on the House Committee on Oversight and Government Reform, put out a written statement, declaring, “It is inconceivable that even after Michael Flynn was fired for concealing his conversations with the Russians that Attorney General Sessions would keep his own conversations secret for several more weeks.” Cummings said Sessions’s statement denying contact “was demonstrably false, yet he let it stand for weeks — and he continued to let it stand even as he watched the President tell the entire nation he didn’t know anything about anyone advising his campaign talking to the Russians.” He concluded, “Attorney General Sessions should resign immediately, and there is no longer any question that we need a truly independent commission to investigate this issue….”
This scarcely bears much mention — so I’ll make the post short-form — but the idea of the graphic felt far too fun to pass up.
Apparently, Mr. Trump thinks that an organized (and in some cases, angry) gathering, of one’s constituents is… “Sad!”
Now Mr. Trump’s ACTUAL (if still unfolding) scandal — the Russians have confirmed they intended to aid Trump’s election. Trump said on TV he wanted them to get into HRC’s email for him. Parts of the 35 page dossier’s communications data has been confirmed through intercepts of Russian agents by our own US intel community.
Moreover, because we cannot see his tax returns, we cannot be certain, but the bits we’ve seen suggest various parts of 45’s business empire owe money — perhaps into the high hundreds of millions of dollars — to Russian state-affiliated banks and other Russian lenders… So, it is absolutely within our rights — as a people, to demand to know what White House favors he is trading — in return for those continuing loans and assorted foreign emoluments.
… the “illegal leaks” of these facts: including the FACT that 45’s head of National Security is a liar, and a blackmail risk — due to his Russian shenanigans?!
I’ve promised myself that I’ll not spend too many electrons — on John Hinderaker’s duplicitous nonsense –any longer.
So, in sum, Mr. Hinderaker simply ignores the veritable cornucopia of evidence that THIS President has extra-Constitutional ends in mind, with his order. [It is more of an… orgy of evidence, actually.] See 
I suppose we should regard this as progress, after a fashion.
UPDATED @ 10 PM CST: I told you so. 
