Feb 8, 2017

Latest from travel ban hearing

Jeff Chiu / AP

A three-judge panel (two Democratic appointees and one Republican) attacked the government's defense of President Trump's travel order during a hearing today in San Francisco.

Hot take: The headline on the running AP story: "Federal judges express skepticism about Trump travel ban"

During the government's oral arguments, Judge Michelle T. Friedland, an Obama appointee, asked the government's attorney August Flentje if there is any evidence showing "linkage" between the seven countries subject to the president's travel ban. Flentje said "these proceedings have been moving very fast" and that some evidence had not been included. Later he added some Somalis had been arrested.

The government's primary argument was that if an individual had brought the case — not the state of Washington — they might have standing. He said the current legal case was too broad.

It is extraordinary for a court to enjoin a president's national security decision based on a few newspaper articles. — August Flentje

(A note on Flentje: he was a late add to the government's team after earlier lawyers were swapped out because of relationships with the law firm Jones Day which had filed a brief opposing the ban.)

The judges asked the states hard questions too, but most of them reflected the panel trying to gauge what the state's future arguments might be, and what decision the panel could make to meet requests from Washington and Minnesota. Washington's Noah Purcell said the states believe the burden is on the federal government to show the likelihood of success because it is an appeal, but that if the case were to proceed he would add details about standing.

What's next: A court spokesman said a ruling is unlikely today. Trump earlier today said the case might go to the Supreme Court.

Go deeper

How to understand the scale of American job decimation

Data: U.S. Bureau of Labor Statistics via St. Louis Fed; Chart: Andrew Witherspoon/Axios

Sentence from a nightmare: 6.6 million Americans filed for unemployment last week, a decline from the previous week's 6.9 million.

The big picture: Over the past three weeks, 1 in 10 working-age adults filed for unemployment, Axios' Courtenay Brown notes.

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 4:30 p.m. ET: 1,579,690 — Total deaths: 94,567 — Total recoveries: 346,780Map.
  2. U.S.: Total confirmed cases as of 4:30 p.m. ET: 452,582 — Total deaths: 16,129 — Total recoveries: 24,790Map.
  3. Public health latest: U.S. has expelled thousands of migrants under coronavirus public health orderDr. Anthony Fauci said social distancing could reduce the U.S. death toll to 60,000.
  4. Business latest: The Fed will lend up to $2.3 trillion for businesses, state and city governments — Another 6.6 million jobless claims were filed last week.
  5. World latest: Boris Johnson is moved out of ICU but remains in hospital with coronavirus.
  6. In Congress: Senate in stalemate over additional funding for small business relief program.
  7. What should I do? Pets, moving and personal healthAnswers about the virus from Axios expertsWhat to know about social distancingQ&A: Minimizing your coronavirus risk.
  8. Other resources: CDC on how to avoid the virus, what to do if you get it.

Subscribe to Mike Allen's Axios AM to follow our coronavirus coverage each morning from your inbox.

Biden rolls out new policies in effort to court Sanders supporters

Photo: Scott Olson/Getty Images

The Biden campaign announced two new policies on Thursday on health care and student debt that are squarely aimed at appealing to supporters of Bernie Sanders, who ended his campaign for the Democratic nomination on Wednesday.

Why it matters: The policies don't go as far as Sanders' platform, but they signal that Biden is serious about incorporating elements of his former rival's agenda in an effort to help unify the Democratic Party and defeat President Trump in the general election.