The late U.S. Supreme Court Justice Antonin Scalia was used as a cudgel against the Trump administration by a skeptical appellate court judge during oral arguments in a case about President Donald Trump ‘s efforts to rewrite birthright citizenship on Wednesday.

Arguing before a three-judge panel on the U.S. Court of Appeals for the 9th Circuit, U.S. Department of Justice lawyer Eric McArthur was often subject to audibly askance questioning during the session by U.S. Circuit Judge Ronald M. Gould, a Bill Clinton appointee.

But it was another Clinton appointee, U.S. Circuit Judge Michael Daly Hawkins, who brought up Scalia, widely considered the forebear of textualist jurisprudence and the modern day conservative legal movement. And Hawkins was less aggressive — even deferential and apolog

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