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February 11, 2017

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ByAlanFram The Associated Press WASHINGTON President Donald Trump's new health secretary took office Friday after becoming the latest Cabinet nominee to eke out a confirmation victory in the bitterly divided Senate. Vice President Mike Pence administered the oath of office to Tom Price, of Georgia, at the White House hours after the Sen- ate confirmed him 52-47 in a party-line vote. That roll call came in the dead of night, thanks to Demo- crats' tactic of forcing pro- longed debates to broadcast their opposition to Trump and his team. Pence said Price, an orthopedic surgeon, is "uniquely qualified" for the job and playing a leading role in helping the Repub- lican-controlled Congress achieve its top priority of repealing and replacing the Obama-era Affordable Care Act. Pence called Price "the most principled expert on health care policy" in Con- gress. Price served seven terms in the House. As head of the Health and Human Services De- partment, Price will take center stage as the admin- istration and congressio- nal Republicans try deliver- ing on their pledge to scrap President Barack Obama's health care law and substi- tute their own programs. After years of trying, they finally command both the White House and Congress but have so far struggled to craft a plan with enough votes to win approval. Price is likely to play a lead role both in shaping health care legislation and issuing department regula- tions aimed at weakening Obama's statute. "Having Dr. Tom Price at the helm of HHS gives us a committed ally in our work to repeal and replace Obam- acare," House Speaker Paul Ryan, R-Wis., said Friday. CABINET Tr um p' s pi ck f or h ea lt h an d human secretary takes office By Eric Tucker The Associated Press WASHINGTON President Donald Trump lobs ver- bal bombshells on Twitter and fiercely criticizes fed- eral judges overseeing his court cases. He openly dis- cusses pending legal mat- ters on which lawyers usu- ally advise their clients to stay mum. That freewheeling style, uncharacteristic for an American president, is sure to complicate efforts of Jus- tice Department attorneys tasked with defending his executive actions in court. Federal lawyers, invariably inclined to speak through technical legal pleadings instead of on social media, are likely to be asked time and again to account for public statements from the president, including com- ments that seem to con- tradict or harm their argu- ments. "This is what's so sur- prising about Trump's statements and his use of Twitter: He says all kinds of things that undermine the claims that the gov- ernment is making in liti- gation," said Eric Posner, a University of Chicago law professor. People challeng- ing the government will bring tweets and other statements to the attention of the courts, Posner said, "and courts will pay atten- tion to them." That showed up prom- inently in the legal fight over Trump's ban on refu- gees and immigration from seven Muslim-majority na- tions, which federal courts have put on hold. Even as Justice Depart- ment attorneys worked to convince courts that the policy was not moti- vated by religious preju- dice, Trump himself was quoted in a news interview as saying he wanted to pri- oritize refugee admissions for Christians. "We are go- ing to help them," Trump told the Christian Broad- casting Network. "They've been horribly treated." Those comments were said to have helped per- suade acting Attorney Gen- eral Sally Yates — fired by Trump last week after she declined to defend his exec- utive order — that the pol- icy was meant to disadvan- tage Muslims. Lawyers for Washington state and Min- nesota cited Trump's public statements about Christian refugeesincourtfilingsand noted his campaign pledge to block Muslims from en- tering the U.S. PRESIDENT By Jessica Gresko The Associated Press WASHINGTON Oppo- nents of President Donald Trump's travel ban sought Friday to rack up another legal victory against the measure, believing they have the administration on the defensive after a federal appeals court re- fused to reinstate the or- der. As government attor- neys debated their next move, they faced unsym- pathetic judges on both coasts. The San Francisco-based 9th U.S. Circuit Court of Appeals sided Thursday with the states of Washing- ton and Minnesota in re- fusing to reinstate the ban, opening the possibility that the case could advance to the U.S. Supreme Court. On Friday, a federal judge in Virginia also seemed in- clined to rule against the administration in a differ- ent challenge. For his part, Trump said Friday that he is consider- ing signing a "brand new order" while the ban is held up in court. Speaking to reporters on Air Force One as he flew to Florida for the week- end, the president said he expected his administra- tion to win the legal bat- tle over his original direc- tive. But he said the White House was also weighing other alternatives, includ- ing making changes to the order, which suspended the nation's refugee pro- gram and barred all entries from seven Muslim-major- ity countries. In Virginia, a lawyer for the state asked a judge to impose a preliminary in- junction barring the gov- ernment from enforcing a portion of Trump's Jan. 27 executive order that bars anyone from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from en- tering the U.S. for 90 days. A preliminary injunction would be long-lasting, con- tinuing through the trial in a case. Still, because of the 9th Circuit's decision refus- ing to reinstate the order, the practical effect of any decision in Virginia may be muted for now. Judge Leonie Brinkema, who was appointed to the federal bench by President Bill Clinton in 1993, did not seem satisfied with an- swers about the executive order from an administra- tion lawyer. Brinkema said that the order "clearly has all kinds of weaknesses," and she asked the government to explain the justification for the ban, saying courts have been "begging" for that ex- planation. The president can legally suspend the en- try of non-citizens into the country when he "finds" that their entry "would be detrimental to the interests of the United States." "Finds," she said, doesn't mean just "think." Virginia's Solicitor Gen- eral Stuart Raphael said the government has been unable to answer the charge that the ban was targeted at Muslims. LEGAL BATTLE A er a win, travel ban opponents seek another court victory ANDREWHARNIK—THEASSOCIATEDPRESS Vice President Mike Pence administers the oath of office to Health and Human Services Secretary Tom Price, accompanied by his wife Betty, Friday in the in the Eisenhower Executive Office Building on the White House complex in Washington. EVAN VUCCI — THE ASSOCIATED PRESS President Donald Trump speaks in the East Room of the White House in Washington. Trump's freewheeling style on Twitter and elsewhere is complicating life for the government lawyers tasked with defending his executive actions in court. 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