Demonstrators march up 5th Avenue during a protest against the election of President-elect Donald Trump, Saturday, Nov. 12, 2016. We need the Travel Ban as an extra level of safety! Opponents of the ban have successfully argued so far that Mr. Trump's comments during the campaign make it clear that the goal of such a ban is in essence discriminatory on religious grounds. Sad, ' he wrote, suggesting Trump's messages could hurt a future Supreme Court case.
Eight minutes later, he added: "The Justice Dept. should ask for an expedited hearing of the watered down Travel Ban before the Supreme Court - & seek much tougher version!"
The court could also put a 120-day ban on all refugees into effect and allow the administration to consider new vetting procedures. They asked the justices in the meantime to lift the lower court rulings that have blocked enforcement of the restrictions.
After whining that the DOJ should have pressed for an "expedited hearing" on the latest version for the goal of seeking a "much tougher version," Trump issued his final tweet of the morning.
The brief said the order did not violation the Constitution's ban on the government favoring or disfavoring any particular religion or its guarantee of due process. "He isn't concerned with being politically correct". Federal judges already have repeatedly ruled against the ban by citing Trump and his advisors' public statements about a "ban" on Muslims as "religious intolerance".
Iraq was removed from the list of banned countries in the second order and an indefinite halt to entry from Syrian refugees was replaced by a temporary pause.
Now, Trump appears to be undermining his administration's case, an act of self-destruction that, as one commentator noted on Twitter, "should help the court case against him".
Trump also stressed that his proposal was a "travel ban", a description his aides have disputed in the past. "We don't need the help but will take it!" attorney Neal Kaytal wrote on Twitter. The ACLU posted a tweet Monday afternoon: "Yes, we may incorporate @realDonaldTrump's tweets about the ban into our Supreme Court argument".
"For every time you said Russian Federation, imagine if you said ISIS". Why isn't the media asking for a report?
CNN had been told previously Trump was expected to nominate Conway to run the Justice Department's civil division, which handles legal challenges to major administration initiatives, or even solicitor general. Trump's administration would then likely to file its own response before the court's nine justices make their decision. But in doing so, they've tried to argue that this is a new policy and that its legality should be judged independently from the president's statements about older versions of the "ban".