We’ve always loved this judge.
He’s responding here to an internal Ninth Circuit Court Appeals attempt on the part of five or six Republican appointees to “rehear” the February decision against the first Trump Executive Order en banc.
Reinhardt btw is the same guy who wrote that absolutely brilliant opinion in the old Newdow Pledge of Allegiance case which claimed that it is clearly a violation of the Establishment Clause for the government to insert the words “under God” into a government-led pledge.
In fact, Reinhardt’s forcefully written majority decision about this so terrified the Supreme Court back then that when Newdow finally reached them on the defendant’s appeal they refused to rule on its merits. Instead, they ridiculously claimed that Newdow lacked basic standing as a parent-plaintiff — an idea that even his most conservative judicial foes at the lower court levels refused to entertain.
In other words, SCOTUS was afraid of having to agree with Reinhardt that “under God” in the Pledge of Allegiance is in fact unconstitutional. And so they wimped out. They wouldn’t hear the case and dismissed it all outright.
A brilliant guy and a good liberal. He’s also 85 years old.
Cry the Beloved Country, yes.