A judge Panel Hearing the refugee pause earlier today. Listen to this. Whatever the bad faith exception is, to to say the commanderinchief and multiple members of the cabinet acted pretextually, i think require the strongest showing for that sort of remarkable holding, and i just dont think plaintiffs have put together the kind of record. No one has ever attempted to set aside a law that is neutral on its face and neutral in operation on the basis of largely campaign trail comments made by a private citizen running for office. What would an objective observer view these statements as . And as the District Court found, it would view them as an establishment of disfavored religion of islam. Were not saying that were not in favor of psycho analysis or trying to get into the president s head. You dont need to affirm the District Court. You just must simply aask what would an objective observer think with these sorts of statements . Tonight an attorney who says our nations federal judges ar