Supreme Court likely to overturn Democrat judicial abuse

Alan Dershowitz:
Why the Supreme Court will uphold Trump's travel ban

If the case reaches the Supreme Court, a major issue will be whether campaign rhetoric delivered by Donald Trump, when he was a private citizen running for president, may be considered by the courts in deciding on the constitutionality of an executive order. The lower courts gave considerable, indeed dispositive, weight to these anti-Muslim statements in deciding that the travel ban was, in reality, a Muslim ban that would violate the constitutional prohibition against discrimination on the basis of religion.

Under that reasoning, had the identical executive order been issued by President Obama, it would have been constitutional. But because it was issued by President Trump, it is unconstitutional. Indeed any executive order issued by President Trump dealing with travel from Muslim countries would be constitutionally suspect because of what candidate Trump said. In my view, that is a bridge too far. It turns constitutional analysis into psychoanalysis, requiring that the motives of the president be probed.

Most political leaders have mixed motives underlying their actions: they want to protect the security of the nation; they want to appeal to their political base; they want to keep campaign promises; they want to win.

Trump campaigned on the pledge that he would specifically address the issue of “Islamic Terrorism” — a term President Obama refused to use. Trump believes that radical Islam is the major source of the terrorist threat faced by the U.S. It would follow from this view, that the countries that pose the greatest danger of allowing terrorists to reach our shores are countries that sponsor terrorism and do not vet their citizens for terrorist ties.

Most prominent among these nations is Iran, which is the largest promoter of terrorism and which has targeted and continues to target the United States. It is entirely natural to include “The Islamic Republic of Iran” on any list that is designed to deal with terrorism. The same is true, to varying degrees, of the five other predominantly Muslim countries on the Trump list: Syria, Yemen, Sudan, Somalia and Libya.

The fact that all these countries are predominantly Muslim — indeed, most have established Islam as their official state religion — does not suggest religious discrimination. Those are the very countries that pose the greatest danger of terrorism, in the view of the Trump administration. They are not the only such countries, but if others were added to the list, they too would be predominantly Muslim countries.
There is more.

Democrat forum shopping may be designed to keep the issue from getting to the Supreme Court before the ban would expire.   I think Trump could probably defeat that strategy by extending the ban for an additional period of time.  I think it is absurd for these courts to base their decisions on campaign rhetoric and also in some case to base it on the First Amendment establishment clause.


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