By Jason Taylor
As a country since the Civil Rights Act and Immigration and Nationality Acts of 1965, we have moved away from the unConstitutional discrimination against citizens and immigrants based on race or religion. Trump and his overtly racist alt-right advisors like Bannon, Miller, and Sessions are seeking to overthrow this.
This action by a federal judge in Hawaii and a second federal judge in Maryland does not “make us look weak”. What it does is once again expose the unlawful nature of your misconceived Executive Order, the naked bigotry, Islamophobia and un-American religious intolerance that is the hallmark of your administration, and the utter lack of evidence that people from the Muslim majority nations pose any threat whatsoever to the safety of the American people. As a matter of fact, you yourself pose the greatest threat to national security, spending your time weaving wild conspiracy theories while paying no attention at all to the clear and present danger posed by the rogue regime in North Korea. In your own words, you are a disaster.
The apprenticing president is learning hard lessons about the functioning of American law and justice and the constitutional power of the three branches of government and of states’ rights.
Let’s remember that the travel ban was sold as temporary, only until they could “get things sorted out”. Not surprisingly, no effort to “get things sorted out” thus far, just the travel ban.
I have been perplexed since the original ban as to what has suddenly changed that necessitates such a sudden change. It is not as though we have experienced any sort of uptick in terrorism on this continent. It appears to me that Trump is trying to fix what isn’t broke. Unfortunately for him, he has done nothing since obtaining the position to help his cause. Knee jerk reactions based on knee-jerk perceptions combined with lies and denial of reality have for the most part deemed him devoid of credibility and integrity.
I think it’s important to remember the facts. And the facts are that since 9/11, no immigrant from these six countries has committed an act of terror in the United States. The Boston marathon bombers were from Chechnya. The Orlando and Baptist church terrorists were American born. The best protection against terrorism is strong intelligence (agencies Trump constantly undercuts) and opportunities for immigrants who do settle here to succeed in our society.
In attacking the decision, the judge, and the judiciary as a whole, and even going so far as to threaten to reissue his previous order, Trump is only weakening his case. His persistence in claiming that the courts don’t even possess the jurisdiction to review his orders is particularly outrageous; a blatant violation of Article III of the Constitution. Trump and his devotees actually believe he possesses unlimited power. They haven’t the slightest idea what the Constitution says, let alone means. I suggest people educate themselves and take the time to actually read the decision (and the Constitution too).
The plaintiff here, an American citizen, not only has standing but an incredibly strong claim that the order violates his Constitutional rights. Critical questions with respect to the validity of executive action challenged under the Establishment Clause is its intent and effect. Simply put, if intended to disfavor a particular religion, it violates the Establishment Clause. Here, Trump has no one to blame but himself and his proxies, such as Rudy Giuliani and Stephen Miller, for providing ample evidence that the President’s primary intent in issuing the current order was to discriminate in direct violation of the Establishment Clause.
If Trump thinks he is so omnipotent as President, why didn’t he go to the Supreme Court with his first ban? This is what happens when campaign bravado and ignorance meets the “truth” not alternative facts, the US Constitution and the real world. His supporters should wonder whether Trump can actually follow through on any of his promises. Think “Repeal Obama Care and Replace with lower premiums and better coverage for all”, “Build a wall and make Mexico pay”, the list goes on and on.
Everything President Trump and his team said before the first ban, the mistakes made in hurrying the first ban out, and then the impolitic comments made while crafting this new ban makes it inevitable that any ban the administration proposed now will be seen as tainted by the Courts. As the judge said, the courts cannot close their eyes to what has gone before.
Only a month or so in and the man is failing miserably at his job. But then no one but no one with even half a brain expected any better from him.