As anticipated, arguments before the Ninth Circuit on Tuesday over the Trump travel ban tended toward the procedural, but the hearing also produced exchanges that went to the merits of the measure.
“I’m not sure I’m convincing the court,” August Flentje, special counsel to the Justice Department, told the judges at one point.
The court has said it expects to rule this week. Whatever the outcome, an appeal to the Supreme Court looks likely. But with that court split 4-4, it also seems likely that the Ninth Circuit’s ruling will reverberate for some time.