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They couldnt answer. the court is focused in on the power of the judiciary to review presidential action and on his power to enact diskrcriminatory orders. >> as you point out the court on the constitutional issue is whether it discriminates against muslims. flentje had questions but so did noah purcell. he was under intense questioning by judge cliff top on whether this is a muslim ban at all. heres that exchange. >> the seven countries encompass a small percentage of muslims. do you have any i...

Percentage of muslims. do you have any information as to what percentage or what proportion of the adherence to islam worldwide are citizens or residents of those countries with mark >> my quick penciling suggest its something less than 50%. >> i have not done that math, your honor. >> he doesnt do the math yet, interesting. for possible scenarios moving forward. the restraining order for the district judge, they find that it cannot be appealed and thrown it out. the state they can find it lacke...

>> do you have any information as to what percentage or what proportion of the adherence to islam worldwide are citizens or residents of those countries? my quick penciling suggest its something less than 15%. >> i have not done thatmate, your honor. >> now, we wait for a decision, which could go any number of ways and interestingly one thing has been decided already. it was the largest audience to ever tune in to oral arguments in a federal court. more than a million people listening in. steve:...

>> the attorney representing washington state and minnesota argued that because of the presidents executive order, washington state suffered irreparable harm, including loss of tax revenue. people being stranded in families being separated. when it was pointed out that the seven countries included in the band had been designated a threat during the obama administration, the lawyer was pressed on why this is now considered a muslim ban. listen. >> do you have any information as to what percentage...

>> the attorney representing washington state and minnesota argued that because of thehe presidents executive order, washington state suffered irreparable harm, including loss of tax revenue. people being stranded in families being separated. when it was pointed out that thi seven countries included in the ban had been designated a threat during the obama administration, the lawyer was pressed on whyth this is now considered a muslim ban. listen. >> do you have any information as to what percent...

Patch on all of global muslims who arent affected by this. take a listen. >> do you have any information as to what percentage or what proportion of the adherence to islam worldwide are citizens or residents of those countries? my quick pencilling suggests its something less than 15%. >> i have not done that math, your honor. >> if the vast majority of the worlds muslims are unaffected by this, how does your case credibly state this targets muslims? >> the part that you did not air was noahs ans...

I think the ninth circuit court of appeals is going to see it the same way. >> your lawyer did have a pretty good day but he did have a rough patch on all of global muslims who arent affected by this. take a listen. >> do you have any information as to what percentage or what proportion of the adherence to islam worldwide are citizens or residents of those countries? my quick pencilling suggests its something less than 15%. >> i have not done that math, your honor. >> if the vast majority of the...

As well in the briefing to this court. . >> if we were to agree with you about larson, is there any reason to consider your equal protection claim or are those two claims essentially redundant? >> i think if you agreed with us about larson, there would not be any need to reach our equal protection claim. i think thats fair. >> let me ask about the, ill call this religious discrimination claim, to reach both the equal protection and establishment clause claims. and im not entirely persuaded by th...

Washington university law school and the author of the book the supreme court, the personalities and rivalries that defined america. also with us emily bazlon a staff whiter at the "new york times" magazine. emily, first, can we fix him on the scale in relation to merrick garland? we have moved to the right. how far to the right? >> weve moved far to the right. judge gorsuch talked about himself in terms of scalia. he talks about his strict adherence to the constitution as it was written in the ...

The runup to this event. dont believe it. what we just witnessed was a very traditional rollout of a supreme court name. the presidents remarks were brief, especially for this president. the judges remarks were brief and elegant and broad but we didnt learn anything, youre not supposed to. as for who is judge gorsuch, this is someone on the right of center in conservative legal thought but is also seen as anally lean intellectual and gun rights. hes pro-gun rights and religious freedom, being ve...