Remember, this is just a short term decision about whether to lift the temporary restraining order (TRO) that was issued by Federal District Judge James Robart in Seattle last Friday, which put Trump’s “travel ban” executive order on hold nationwide. The long term argument over the constitutionality of the law is still to come.
Update: The 9th Circuit has ruled unanimously against reinstating the travel ban (i.e. they ruled against Trump. Let the tweeting begin . . .). The 9th Circuit is considered a liberal one, but one of the three judges on the case was appointed by George W. Bush and had seemed to be leaning toward the Trump DOJ’s argument during the hearing, so the unanimous ruling wasn’t necessarily expected.