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They didn t say to the supreme court while you decide whether to take this case, please put a hold on the lower court order so we can shut daca down. the reason they didn t do that, they say in their court filing, they don t want these sudden stops and starts that the government had wanted an orderly end to daca and they thought that would be basically too much violence to the system. so the next step here is undoubtedly the challengers will weigh in, the people who prevailed in the lower court and got daca kept open. they ll say what they think the supreme court will do and then the supreme court will decide whether or not to take this case. what s called an unexpedited review. this very unusual procedure of skipping the lower courts. normally the supreme court doesn t do that. the times it does it are exceptionally rare. obviously the justice department thinks they have at least four, maybe five votes to do it. well, we ll be watching, pete, thank you so much. you bet. all righ ....
This is cnn newsroom l.a. i m john vause live in los angeles. i m isa soares live in london. washington state solicited general donald trump s travel ban would throw the world into chaos. that was one of the arguments that he made to the u.s. appeals court on tuesday. he maintains national security decisions are up to the president. take a listen. could the president simply say in the order, we re not going to let any muslims in? that s not what the order does here. could he do that? could he do that? that s not what the order does. would anybody be able to ....
Come into court and make that argument. i don t think they re going to dismiss it on that ground, but i think they re going to take it under consideration, and we ll have to wait and see their decision. and to be clear, this is simply to keep the stay in place. it is not actually about the constitutionality of the executive order itself. that s correct. but one of the issues is whether the state of washington is likely to win on the merits, on the merits of what will the constitutional argument. so the court is making an early decision saying that we think this is unconstitutional if they choose to uphold the lower court order. they re not making a final ruling but they re giving you a pretty good indication of where it would turn out. as always, lisa, thank you so much. lisa bloom, civil rights attorney at the bloom firm. thank you for being with us. thank you. joining me, ethan berman and lawny chen. we ve gotten the situation, the temporary travel ban is in court before th ....
The ninth circuit right now. congratulations to secretary kelly for doing what was right. if only president trump would follow that old mantra of the buck stops here. is general kelly taking the blame for the rest of the administration? i think general kelly is articulating something that a lot of people have said, which is that the way, the process in which this executive order was rolled out, was problematic. it was problematic because it wasn t vetted by the proper individuals, including general kelly, and it didn t get buy-in from a lot of folks it should have. those are process arguments. i think general kelly did the thing you expect people in his position to do. he did the right thing today. the broader issue, is that general kelly is still agreeing with the substance of the order. and i think that s going to be important going forward, that the administration speak in a unified voice, regarding what the order was trying to accomplish. we have this ongoing issue ....
Challenge that? that s not what the order does here. washington state solicited general ordered a muslim ban was the exact intention of the order. how do you infer that desire if, in fact, the vast majority of muslims are unaffected? well, your honor, in part you can infer it from intent evidence. there are statements we ve quoted in the complaint that are rather shocking evidence of intent to discriminate against muslims given that we haven t had any discovery yet to find out what else might have been said in private. and the court is expected to rule this week on whether to restore the travel ban. let s get more on that. we have a reporter for politico europe. this was the most gripping conference call in the nation s history. talk me through both arguments. who you thought had the upper hand here. right. ....