A three-judge panel on the 9th Circuit Court of Appeals appeared divided Wednesday evening over whether to uphold a Hawaii district court order blocking the third version of President Trump's travel ban.
Judge Michael Hawkins, a Clinton appointee, seemed to suggest Trump's latest restrictions on nationals from six majority-Muslim countries are different this time around than the previous bans the court struck down.
"The prior two versions of the executive order were based a bit on speculation," he said.
"We've now had a 90-day period in which the government and its agencies ... have gone through and, in part based on information provided by the past administration, determined there are certain countries in the world that you can't tell if Person A is really Person A. What's wrong with that?"