I didn’t see this earlier, but this temporary restraining order is much broader than the habeas orders granted over the weekend.  It prohibits the barring of entry to anyone with a valid visa – much wider than the green card exception Trump caved to.  In theory, Trump could turn it around, but the finding is that the plaintiffs will probably prevail.

I’m not clear on whether the likelihood finding is based upon the equal protections argument or the due process, but under the 14th Amendment non-citizens are due either even if they aren’t granted the privileges and immunities which come with citizenship.  So I suspect that the Court is leaning towards a finding of a violation of equal protections, which points to religion.  However, one could make the argument that having obtained their visas they cannot be denied entry without a formal finding of grounds to revoke – in other words, due process.

The issues are framed.  It will play out on February 10, or soon thereafter.

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