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Speaker 1: See you in court. The security of our nation is

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Speaker 1: at stake. That is what President Donald Trump tweeted, all

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Speaker 1: in caps after a federal appeals court refused to reinstate

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Speaker 1: his travel ban that kept people from seven predominantly Muslim

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Speaker 1: nations out of the US. The Federal Appeals Court in

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Speaker 1: San Francisco said the argument that the band targets Muslims

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Speaker 1: raised serious allegations and presented significant constitution questions. It is

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Speaker 1: the subject of today's Bloomberg Law brief, brought to you

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Speaker 1: by American Arbitration Association International Trade or Business Dispute Resolve

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Speaker 1: Faster with the International Center for a Dispute Resolution, the

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Speaker 1: leader in alternative disputed resolution around the world. I see

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Speaker 1: d R dot org joining us now, as Bloomberg News,

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Speaker 1: Supreme Court reported, Greg's store, Greg, thanks for joining us

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Speaker 1: this morning. Sure, good morning. Let's start with the big question.

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Speaker 1: Will the Trump administration take this through the Supreme Court? Well,

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Speaker 1: it's Donald Trump said, We'll see you in corporate he

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Speaker 1: didn't say which court. Regardless, this case can go forward

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Speaker 1: in a federal trial court as well. This is just

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Speaker 1: the immediate temporary hold on the order that we're talking about.

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Speaker 1: So it's at least possible, the administration will decide not

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Speaker 1: to and we'll just fight it out at the lower

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Speaker 1: court level. What chance does this band have in the

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Speaker 1: Nations S Court. Well, they're going to have to get

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Speaker 1: five votes, and that means and with only eight justices

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Speaker 1: on the court, Uh, that means that they would have

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Speaker 1: to get one of the members of the court's liberal wing. Um.

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Speaker 1: The Appeals Court decision was pretty resounding, three to nothing.

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Speaker 1: It didn't say that the ban is unconstitutional, but it

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Speaker 1: certainly said that it has doubts that the ban is constitutional.

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Speaker 1: And uh, in a pretty significant part of it, it's

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Speaker 1: the Appeals Court said very clearly that we have the

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Speaker 1: right to at least review this order and that was

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Speaker 1: a big rejection of the Trump administration. And Gregg, you

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Speaker 1: brought up the Supreme Court justices themselves, especially Anthony Kenny,

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Speaker 1: who is usually the swing vote. Now, how do you

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Speaker 1: think you will go with this? Well, well, first of all,

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Speaker 1: Kennedy is significant for another reason too, because the administration

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Speaker 1: would have to file its request with him, he could

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Speaker 1: act on it on his own. More likely he would

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Speaker 1: refer to the full full court. That's what they usually do. UM.

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Speaker 1: But again, it's not gonna be Kennedy. That's a swing

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Speaker 1: vote here because of the court being shorthanded. UH. To

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Speaker 1: avoid a four force split on the court, they have

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Speaker 1: to get another justice, one of the members of the

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Speaker 1: liberal wing. UH. Typically we look to Stephen Bryer first

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Speaker 1: and so um, even just getting Justice Kennedy's vote won't

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Speaker 1: be enough of the administration at least at this stage.

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Speaker 1: Of course, there's a repoort nomination, and at some point

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Speaker 1: there will be a ninth justice, and then maybe the

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Speaker 1: administration will have a stronger chance at that point. Well,

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Speaker 1: that's a whole new thing about the strategy involved in

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Speaker 1: this involving for anybody supporting the band Supreum Court nominee

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Speaker 1: Neo gorcis now he would be able to make it

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Speaker 1: a five vote majority if first of all, obviously he

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Speaker 1: is confirmed and he makes it to the High Court.

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Speaker 1: What will be his impact on this case? Right, of course,

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Speaker 1: we don't know exactly what he would do, and and

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Speaker 1: you know, we don't want to also just assume that

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Speaker 1: the justices are going to go along party lens. Let

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Speaker 1: me look at this Appeals Court decision. There's a Republican

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Speaker 1: appoint he joining two Democratic appointees. The Appeals Court was

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Speaker 1: three to nothing. UM. I think it probably maybe a

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Speaker 1: more important distinction to make is that it may be

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Speaker 1: easier for the administration UM if they once we get

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Speaker 1: to the point where the court is really deciding on

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Speaker 1: the constitutionality of the president's ability to do this. We're

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Speaker 1: at this stage right now where the court is asking

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Speaker 1: for emergency action from the court, asking them to stop

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Speaker 1: something a trial judge has done, and that the standard

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Speaker 1: for doing that is pretty high. So it's actually harder

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Speaker 1: for the administration at this point to get what they

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Speaker 1: want on a temporary basis that it might be later

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Speaker 1: on if and when the court is asked to directly

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Speaker 1: consider whether this order is constitutional. President Trump he called

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Speaker 1: the decision political. Obviously he is not happy about it.

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Speaker 1: The three Dutch panel of the Ninth Circuit Court of Appeals,

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Speaker 1: which you mentioned earlier, they call it on the question

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Speaker 1: Trump's executive order to limit immigration. Bob Ferguson, Washington States

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Speaker 1: Attorney General says, well, they respect the president has broad

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Speaker 1: authority when it comes to issuing executive orders, they still

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Speaker 1: have to follow the constitution. People in the Trump administration

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Speaker 1: believe they are your thoughts about all of that. Yeah,

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Speaker 1: And and part of the problem that the appeals court

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Speaker 1: identified was the way this order was put into effect

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Speaker 1: um so quickly, um uh, the changing interpretations that we got,

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Speaker 1: for example, about whether green card holders are covered by it,

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Speaker 1: the fact that so many travelers were stranded, um you know.

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Speaker 1: The appeals court um uh, you know suggested that that's

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Speaker 1: part of the reason they're not sure that if they

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Speaker 1: put it back into effect, it wouldn't have significant harms

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Speaker 1: against various people, including um uh, people who live in

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Speaker 1: the two states, Washington and Minnesota that filed the suit.

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Speaker 1: And that brings up another point. These rulings, the states

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Speaker 1: Washington and Minnesota, they had to prove that the travel

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Speaker 1: ban was causing harm. Now, it's one thing to make

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Speaker 1: the case as an individual, as you were mentioning some

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Speaker 1: cases about individuals at the airports, but it's harder to

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Speaker 1: do as a state to make that case. And I'm

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Speaker 1: right or wrong about that, You're right, except the appeals court,

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Speaker 1: um didn't have two weeks, didn't have too much trouble

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Speaker 1: with that particular aspect of the case. The States said,

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Speaker 1: among other things, people at our university, students, faculty members

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Speaker 1: are being being harmed by this, and you know, the

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Speaker 1: universities are state run. Um. You know, the universities can

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Speaker 1: attract faculty members from overseas, students might not be able

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Speaker 1: to come over and attend UM. And the appeals court, uh,

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Speaker 1: you know, didn't didn't seemed like it had too much

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Speaker 1: trouble with that aspect of the ruling. There were a

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Speaker 1: few other places where the appeals court um suggested it

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Speaker 1: wasn't a clear uh you know, the answer to a

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Speaker 1: particular aspect of the case wasn't clear. But on what

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Speaker 1: we call standing of the states, the appeals court seemed

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Speaker 1: pretty sure that the states were able to sue. And

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Speaker 1: as all of this is going on, another state challenge

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Speaker 1: the President Trump's Executive Order and immigration is scheduled for

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Speaker 1: federal court hearing today. Michael Kelly, spokesman for Virginia's Democratic

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Speaker 1: Attorney General Mark Hearing, says it will be the most

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Speaker 1: in depth examination of the merits of the arguments against

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Speaker 1: the band. Virginia claims the order violates the Constitution and

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Speaker 1: is the result of animists towards Muslims. What is the

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Speaker 1: impact if another state joins the fight, Well, it just

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Speaker 1: means that uh, it's even harder for the administration to

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Speaker 1: defend this particular ban. You know. One of the things

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Speaker 1: that happened here in the administration likes to point of

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Speaker 1: this is that, uh, there was uh different judges have

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Speaker 1: looked at different aspects of this band. Uh there was

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Speaker 1: another judge who considered whether to block the whole band

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Speaker 1: and said, no, I'm not going to. But it only

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Speaker 1: took one federal prowd judge to say it's it's probably unconstitutional,

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Speaker 1: so I'm going to put it on hold. And now

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Speaker 1: there's just another front on this battle. Greg's Store. Thank

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Speaker 1: you very much, sir, Greg Store, the Supreme Courts reporter

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Speaker 1: for Bloomberg. We appreciate it. Greg joined us on the

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Speaker 1: Spectrum Enterprise phone line, Spectrum Enterprise nationwide fiber based network

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