I will be again debating Berkeley Law Professor and former Bush official John Yoo on war powers. This will be our third debate on the subject and will be held in Washington, D.C. at George Washington University. The event will be held on Wednesday at noon in the Moot Court Room at the law school.
In a 32-page opinion, United States District Judge Anthony Trenga has rejected the challenge to the second immigration order of the Trump Administration. Trenga in the Eastern District of Virginia found that the challengers in Linda Sarsour v. Donald Trump — were not likely to succeed in their challenge to the March 6 executive order. The ruling is similar to the rejection of a Boston court in the first immigration order. It is also very different in tone and analysis from the decision of Judge Brinkema in this same Virginia district, granting a temporary restraining order in the review of the first immigration order.
Judge Neil Gorsuch is scheduled to complete the long and grueling questioning of his confirmation hearing today. Indeed, he may finish a bit early. Like past nominees, Gorsuch declined to discuss cases and said little about his positions on possible cases dealing with subjects like abortion. Nominees are trained to hit grounders in these hearing and avoid pitches in the corners or trying to put anything over the wall. He stayed with that strategy and the Democrats have made little progress in undermining his stellar record. I have two columns out today at USA Today and The Hill newspaper discussing different aspects of the nomination. I am scheduled to testify at the hearing on Thursday when they call expert witnesses. There remains one disturbing question, however, that needs to be addressed: is Judge Gorsuch anti-duck?
Stephen Gutierrez was in the middle of defending Claudy Charles (left), 48, when an odd thing happened: his pants spontaneously caught on fire. It did not help that his client is accused of intentionally setting his car on fire in South Miami-Dade. Gutierrez was arguing that the car spontaneously combusted when his pants did so.
We just discussed the move in Hawaii to secure a new restraining order to cover the second Trump executive order. That was the most likely move that we previously discussed. The other option was to seek to extend the existing restraining order to cover the second executive order on the grounds that there was not a substantial change. That is the option that Washington state is taking. Today, Washington state Attorney General Bob Ferguson indicated that he will ask that Judge James Robart’s Feb. 3 ruling be extended on the grounds that the second Executive Order contains the same alleged violations as the first.