In taking their first crack at President Donald Trump’s immigrant travel ban Monday, judges for the U.S. Court of Appeals for the Fourth Circuit resorted to hypothetical situations to make up for a lack of precedent when forming their questions.
The judges and lawyers repeatedly turned to hypothetical situations throughout the roughly two-hour en banc hearing to formulate their points on Trump’s second version of the order. What if Trump apologized? What if someone else was elected and signed the executive order? What if Trump targeted Israel?
