Plaintiffs Haven T News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Make out an affirmative case? >> you could send it back, judge hawkins. plaintiffs haven't sought additional discovery here. we have a record and know what the statements were as a matter of fact. i think this court is as well placed as the district court to look at those statements and determine in the absence of testimony or credibility of determination, any of that, none of which went on below, are those enough to give us bad faith under den? >> no. i think in part that no one has set aside law basis of largely campaign remarks. >> it's dealing with a specific application, a standard to a

Court has ever applied it to find bad faith, not the supreme court or this court, but talking about an officer there, justice kennedy and alito said look, you have to have an affirmative showing of bad faith. if that's what you require for a one-off decision by an officer, you ought to require the strongest cleerksest showing where you're talking about the president of the united states and multiple members of his cabinet whose motives, i take it, have not been impugned. to say the commander of chief, head of the executive branch and multiple members of the cabinet acting pretext actually, you...