The 13-judge panel appeared to be divided over the ban, with a number of judges saying that Trump’s own statements showed the second travel ban still sought to unconstitutionally discriminate against people based on their religion. This is Judge Henry Floyd.
Judge Henry Floyd: “Shortly after executive order two was signed, Sean Spicer said the principles remain the same. Trump, President Trump’s statement, concurrent with that time: ‘You know my plans.’ Spicer: ‘President Trump yesterday continued to deliver on campaign promises.’ Is there anything other than willful blindness that would prevent us from getting behind those statements?”
Another judge, Robert King, pointed out that until Monday, Trump’s campaign website had continued to call for a “total and complete shutdown of Muslims entering the United States.” The White House removed that page during Monday’s hearing, after facing questions from reporters.