CHRIS HAYES (HOST): So, one day before the big faceoff between Tim Kaine and Mike Pence, a huge appellate court ruling came down. The timing, we can assume, was coincidental. The message was deliberate and clear. Indiana Governor Mike Pence has no legal authority to stop the resettlement of Syrian refugees in his state. According to a ruling by a three judge panel on the Seventh Circuit Court of Appeals, the court sharply criticized Pence's rationale for banning Syrian refugees due to terrorism, saying it was evidence-free, quote, “nightmare speculation.” Judge Richard Posner writing, quote, “that's the equivalent of his saying (not that he does say) that he wants to forbid black people to settle in Indiana, not because they're black, but because he's afraid of them. But that of course would be racial discrimination, just as his targeting Syrian refugees is discrimination on the basis of nationality.” The three-judge panel, which unanimously ruled against Mike Pence's discriminatory stance on Syrian refugees is also notable for this reason: All three judges are well-known conservatives appointed by Presidents Ronald Reagan and George W. Bush, and one of them, Judge Diane Sykes, is on Donald Trump's Supreme Court shortlist. 

Previously: 

What Media Should Know About Trump’s Reported VP Pick, Indiana Gov. Mike Pence

Right-Wing Media Figures Hype Baseless Claims To Tie Syrian Refugee Crisis To Security Concerns

“Bravo!” White Nationalists Praise Mike Pence For Refusing To Call David Duke “Deplorable”