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Predicting the outcome of a Supreme Court case based on what the justices ask at oral arguments can be a fool’s errand, since their questions don’t always match up with the opinions they eventually write (and one justice famously says nothing at all). Many outlets are predicting that the court will side, possibly overwhelmingly, with the government — not wanting to second-guess their claim that the travel ban was motivated by true national security concerns. But it’s far from a foregone conclusion: Others, including myself, are not so sure, and heard several moments where justices seemed unconvinced by the government’s claims.
We’ll have to wait until June to learn the fate of President Donald Trump’s travel ban, but I want to highlight some of the key moments I observed inside the courtroom Wednesday morning, which may provide clues as to how the justices are looking at the case.