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Doesn't apply because of washington versus trump. if, for some reason you wanted to get into it, we think that the bad faith exception or, as the mandel language itself calls it, bona fide, is enough to rule in our favor andasm affirm the district court. this court in cardenas said if there is a showing of bad faith, then the mandel standard is met and at sks unconstitutional. >> if you don't consider the campaign statements do you still prevail? >> absolutely. >> why? >> there's bad faith even past that. the president rekindled all those campaign statements. even beyond that, all the things t...

The state doesn't have standing, all of these were things raised and decided by washington versus trump. if i could -- >> did the washington panel decide the application of mandel on the merits or simply say that courts have jurisdiction to review such things? >> it resolved the question of whether the mandel standard -- >> you think our panel is bound by that? >> i do. if i could read to you the language from washington versus trump, this is found page 1162. the government cites mandel for the proposition that, quote, when the executive exercise immigration authority on the basis of a faciall...

Like this, that they were attributing impermissible motive. i think then you know you're not approaching coramatsu. i can't imagine that any court would say that -- >> how do you apply your -- how do you apply facially legitimate standard to an executive order like that? there was no reference to japanese in that executive order and look what happened. >> judge paez, i'm not familiar with all the ins and outs that have executive order. i can't imagine that the courts would say it survived the mandel standard. the point is just -- i think counsel here have implicitly recognized below that if so...