The judges are wrong to focus on Trump's earlier statement about a Muslim ban
Washington Post:
It is just bad policy also to decides cases on campaign rhetoric instead of the document before them. There would be no incentive to compromise and improve proposals. These judges should be overturned by the Supreme Court if they stick with their current approach.
Judges weighing travel order repeatedly ask Trump’s attorneys about campaign promise of a Muslim banWould Obamacare have passed the constitutional test if the Supreme Court had held the Obama administration to their statements that the mandate was not a tax? If the court had held them to the same standard that lower courts are holding the Tramp administration to, Obamacare would have been overturned.
President Trump’s political statements trailed him to court, where judges on the U.S. Court of Appeals for the 4th Circuit seemed skeptical his revised travel ban was based on national security concerns rather than his campaign promise to ban Muslims from entering the United States.
It is just bad policy also to decides cases on campaign rhetoric instead of the document before them. There would be no incentive to compromise and improve proposals. These judges should be overturned by the Supreme Court if they stick with their current approach.
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