UPDATE: 03.16.17 @ 8 AM EDT: The able federal District Court Judge Theodore Chuang, in Maryland, has also enjoined Muslim Ban 2.0 overnight (a 43 page opinion PDF).

From another outlet of mine — here is what happened to Mr. Hinderaker’s supposedly “bullet-proof” Muslim Ban 2.0: Today, I live blogged it being… enjoined, nationwide.

This happened in Hawaii, throughout the latter part of the day.  Not so bullet-proof, eh, John? Just as we said, a week ago…

UPDATED: 6:30 PM EDT — Judge Watson just enjoined Muslim Ban 2.0, nationwide. Let the DoJ appeal — I don’t care. WILL issue a ruling, before 6 PM Hawaii time — or about four hours from now.

I will go out on a smallish limb, and indicate (guess, really) that he will enter a TRO against Muslim Ban 2.0 — nationwide. You read it here first. Here is Judge Watson’s very cogent 43 page opinion. [END, UPDATED PORTION.]

. . .And, as we wait for the Sun to set, here in Chicago — and the start of the TRO hearing in Honolulu, Hawaii at 9:30 AM island time. . .

We will note that a federal District Court in Maryland held a motion hearing on a TRO request, against Muslim Ban 2.0 this morning — but likely won’t rule before midnight tonight, Eastern.

. . . .Hawaii’s State Attorney General, Douglas Chin, flashed a casual DLDL (or down low) “shaka” — or “all good” — island hand sign, as he entered the federal District courthouse in Honolulu a few moments ago. . . .

The hearing is now underway. . . . and though it’s not clear when the able Judge Watson will rule on the state’s request for a temporary restraining order, he might rule immediately from the bench — at the end of the hearing. . . .

Preeminent attorneys from the Washington, D.C. office of Hogan Lovells — acting “on brief” as special counsel to Hawaii — are on the phone conference line, as is the US DoJ (for the Trump Administration). . . .

Fourteen state attorneys general and 58 technology companies have also filed amicus briefs supporting Hawaii’s challenge. The attorneys general argue that the revised ban retains the unconstitutional components of the original order, including a broad ban on entry by nationals from six predominantly Muslim countries and a suspension of the refugee program. . . . the 1965 amendments to the federal INA prohibit barring entry on the basis of race, religion or nationality. . . . and our First Amendment prohibits religious tests, even more broadly.

Do look in here — for updates. . . . they will appear from time to time now, until late this evening. . . .

So, all eyes are on Hawaii, and the able Judge Watson, now. [Of course, there will eventually be appeals on all sides, either way. And those appeals will go. . . that’s right — to the Ninth Circuit, just as Ban 1.0, did a month ago. And you know what I bet will happen there. Smile.]

नमस्ते

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