Are admonished to dry. The court is now sitting. God save the United States and this Honorable Court. Chief judge gregory, naplease the court. Mr. Wall, if i can ask you before you get started to clarify what you view the scope of the preliminary injunction to be. I have two questions. The District Court order enjoys section 2c of the executive order with suspended entry. During the District Courts discussion of success on the merits, the District Court said that suspension of entry suspension of entry under 1182 did not conflict with section 1152bar discrimination and immigration visas. Heres the question. Is it your view that the District Courts injunction enjoins the suspension of entry provision as well as the denial of visas, and does it apply to both immigrant and nonimmigrant visas . Your honor, i think the answer to both of those questions, as i read the order that the District Court separately entered is yes. Now, i think the reasoning of the courts opinion would indicate that
Good morning. Push the microphone down. Over to the left some. Ok, good morning. And judge gould. Sittingleasure to be here with my colleagues, judge hawkins my rights, another judge of my left. All of us extend the welcome to the distinguished lawyers here to argue their cases. Also, to her serve observers. Number 14, three 5958, is submitted on briefs also the calvert case, number 15 35 465, is submitted on briefs. The first case for oral arguments today is the state of hawaii versus trump. Thats 17 15589. That case is set for 30 minutes per side. Please watch your time and try to sum up when the timer is yellow. Try to stop when it is red. Add, thei will also court is very well aware of the importance of this case. Amicuser parties and parties as well well add extra time if one of you feels you need it. Either of my colleagues have questions, once time is up, we will go forward. Any further internet i will also told the group, after that first cases is argued there will be a recess
Good morning. Push the microphone down. Over to the left some. Ok, good morning. And judge gould. Sittingleasure to be here with my colleagues, judge hawkins my rights, another judge of my left. All of us extend the welcome to the distinguished lawyers here to argue their cases. Also, to her serve observers. Number 14, three 5958, is submitted on briefs also the calvert case, number 15 35 465, is submitted on briefs. The first case for oral arguments today is the state of hawaii versus trump. Thats 17 15589. That case is set for 30 minutes per side. Please watch your time and try to sum up when the timer is yellow. Try to stop when it is red. Add, thei will also court is very well aware of the importance of this case. Amicuser parties and parties as well well add extra time if one of you feels you need it. Either of my colleagues have questions, once time is up, we will go forward. Any further internet i will also told the group, after that first cases is argued there will be a recess
It is one hour and 15 minutes. All rise. The ninth circuit is now in session. Please be seated. Good morning. Good morning. It is a pleasure to be sitting here with my colleague, judge hawkins on my right. Extend a welcome to the distinguished lawyers here today to argue their cases. And also to our observers. Number 14 isch is submitted on briefs. Also, the calvert case, number is submitted on briefs. The first case for oral argument today is the state of hawaii trump. That case is set for 30 minutes per side. Time and tryyour to sum up when the timer is yellow and stop when it is red. The court isdd very well aware of the importance of this case to all the parties involved. Time, if onextra of the fields you need to present your argument. Certainly, if my colleagues have questions once time is up, we will go forward. Group,also tell the after that first case is argued, there will be a recess for about 20 minutes to permit all those in the courtroom who would like to leave, to exit. ,
All of the judges below concluded that plaintiff s core mory is by eight ball and they had the merger theer of liability, promising liability on the alleged decision of attorney general ashcroft to merge the new york list of detainees which had not been fully vetted by the ins list and continue to hold until cleared policy for detainees on both lists. The liability does not attach here for at least three reasons. First, the bivins remedy should not be extended to National Security and immigration policy decisions by senior officials in the wake of the september 11th attacks. In the damage remedy is to be impose side for not congress to do so. The list merger theory suffers from the same pleading deficiencies that the court identified in it ball itself. Among other thing, there is an alternative and a list merger decision. Given the uncertainty about the status of detainees on the new york list, the list merger was undertaken to avoid the inadvertent or premature release of a dangerous