"The White House seems poised to issue a revised executive order restricting visas from seven terrorist havens until sufficient vetting procedures are in place.Yet one related issue has not been fully explored: The way the arguments over the original order may have been sabotaged in the Ninth Circuit Court of Appeals.
On its way to upholding an injunction issued against the original executive order, the Ninth Circuit failed to even discuss the relevant federal immigration provision that authorized the president’s action.
At oral argument, the government was represented by career lawyer August Flentje.
As Paul Mirengoff at Powerline says, Flentje “did not argue effectively” -- an understatement, according to my sources.
But why was Flentje arguing the case in the first place instead of Acting Solicitor General Noel Francisco, an exceptional lawyer who has argued numerous cases before the U.S. Supreme Court and who filed an outstanding brief in the case?
Because on the day before oral argument, Francisco recused himself from the case..."
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