Finally, the Justice Department noted that even with such a large body of law opposing Robart’s judgment, and in such a high-profile case with so much responsibility on the judge to clearly state his reasoning, Robart “did not confront” the arguments against his position and indeed “gave no explanation why the state of Washington has a high likelihood of success on the merits of its claims.” Beyond that, the state itself, as a state, is not subject to the executive order, and therefore does not have standing to challenge it. And Robart’s order is “vastly overbroad” and “untethered to Washington State’s particular claims” and “extends even to aliens abroad who currently have no visas” and “applies nationwide, effectively overriding the judgment of another district court [in Boston] that sustained the executive order against parallel challenges.”
In fact, while Judge Robart decreed that the interests of Washington State would be harmed by the Trump order, the government argued that the interests of the presidency, and of the Constitution, would be harmed by Judge Robart’s decision. “Judicial intrusion on the political branches’ exclusive authority over the admission of aliens, by violating the separation of powers, in itself constitutes irreparable injury,” the Department argued.
By the end of the Justice Department’s 24-page brief, Judge Robart’s, and the state of Washington’s, argument lay in tatters.
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