Travel Ban II Overturn: When Legal Reasoning Is Lost

Justice,Law,Reason,Religion,The Courts,The West

Alan Dershowitz doesn’t grasp the extent to which traditional western legal reasoning has broken down, or is being dismantled, in American courts. Likewise, conservatives rabbit on about liberal judges. Replace them and respect for the Constitution will be restored.

But there’s much more to the fact that, “A federal district judge in Hawaii has just issued a Temporary Restraining Order (TRO) blocking the key provisions of the President’s revised Executive order that pauses the refugee program and admittance of foreign nationals from 6 terrorist hotbeds (Syria, Iran, Sudan, Libya, Somalia, and Yemen) until thorough vetting can be put in place.” (Via ACLJ. RELATED: “ACLJ Goes to Court, Files 2 More Briefs Defending Revised National Security Executive Order.”)

You have a court that is seeking to establish a precedent, whereby taking “statements made during a political campaign” are used to “strike down a faithfully constitutional executive order,” as Dershowitz put it. (“Dershowitz: Why the Supreme Court will uphold Trump’s travel ban.”)

To CNN, Dershowitz said this:

… here you have a judge who is finding statements made during a campaign, if you can take the statements into account, Trump loses if the statements are devastating. But if the court rules that you can’t take those statements in account and you have to look only at the text of the order, then Trump wins because the court is dead wrong when it says it’s unconstitutional if it includes six countries all of which are 90 percent Muslim. That’s perfectly constitutional because that’s what Obama did. So, what the court rules if Obama does it, it’s constitutional, but if Trump does it, it’s unconstitutional because of what Trump said during the campaign. That is a fascinating constitutional issue.

WRONG. This legal brain storm is not fascinating; it’s frightening, because absent from it are certain fundamental givens of Western legal reasoning.

As Hawaii’s Trump travel ban ruling (full text) stands, the American Bill of Rights belongs to THE WORLD, and was written to enrich the American immigration-law industry and its clients the world-over.