The Chicago-born Katyal is perhaps the most famous civil liberties lawyer in the United States.
Hawaii Federal District Court Judge Derrick Watson’s Temporary Restraining Order against President Trump’s revised travel ban on Wednesday is another feather in the cap of famed Indian American civil liberties lawyer Neal Katyal, who acted as the lead lawyer for the state.
Trump issued the revised order banning citizens of predominantly six Muslim nations from obtaining US visas on March 6, after a number of judges across the nation struck down his initial order issued January 27.
Within a day, Katyal, a partner at Hogan Lovells, filed a lawsuit against the order on behalf of Hawaii. Soon 13 other states and the District of Columbia would join the legal fight.
The restraining order was issued in a case filed by Egyptian-American Ismail Elshikh, an imam of the Muslim Association of Hawaii.
The argument of Katyal, 47, a former acting solicitor general under President Obama, was simple. “Trump’s “new” exec order is old wine in new bottles,” he tweeted on March 6, the day the revised order was issued. “Motivation appears to be not [national] security but saving face. Clear from fact new EO won’t even go into effect for 10 days!”
That argument won the day in the court, causing major embarrassment to the administration.
The executive order was supposed to come into effect today.
Katyal was quick to credit his colleagues at Hogan Lovells. He tweeted: “The brilliant, dedicated, and fearless @AtghIgov team led by AG Chin coming out of court today. Proud to be w them.”
The brilliant, dedicated, and fearless @AtghIgov team led by AG Chin coming out of court today. Proud to be w them. pic.twitter.com/AC3tG8obeY
— Neal Katyal (@neal_katyal) March 16, 2017
Hawaii Attorney General Doug Chin replied tweeting “Mahalo @neal_katyal for the amazing work of you and your team. Great to work with you!”
Mahalo @neal_katyal for the amazing work of you and your team. Great to work with you! https://t.co/b9oIsbvQ3M
— Hawaii AG Holly T. Shikada (@AtghIgov) March 16, 2017
Katyal, who was once considered for the US Supreme Court, has few fans among conservative groups because of his past representation of Samir Hamdan, who was a bodyguard of Osama bin Laden. He won that landmark case.
“Hawaii Hires Al Qaeda’s Best Lawyer to Lead Suit Against Trump,” a Washington Free Bacon headline ran.
Katyal, the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center, was active on twitter throughout the day, praising his colleagues, commenting the on merits of the judgment, and, well, criticizing Trump.
He tweeted on Thursday morning:
“One of the tragedies here is every time Trump loses,he labels judges so-called, political,etc. A truly antiAmerican way to behave.”
One of the tragedies here is every time Trump loses,he labels judges so-called, political,etc. A truly antiAmerican way to behave. 1/2
— Neal Katyal (@neal_katyal) March 16, 2017
“I agree that Trump, like any loser in court, may criticize a decision. But impugning a judge’s motives& authority is altogether difft.”
I agree that Trump, like any loser in court, may criticize a decision. But impugning a judge's motives& authority is altogether difft. 2/2
— Neal Katyal (@neal_katyal) March 16, 2017
“Criticizing a judge’s motives after you lose isn’t even a high school debate tactic. Junior high at best.”
Criticizing a judge’s motives after you lose isn’t even a high school debate tactic. Junior high at best.
— Neal Katyal (@neal_katyal) March 16, 2017
Katyal, who was born in Chicago, is perhaps the most famous liberties lawyer in the United States. According to the National Law Journal, he has argued more Supreme Court cases than any other minority lawyer, except the legendary Thurgood Marshall, the first African American Supreme Court judge.