The Democrats who attacked President Trump’s travel order in front of carefully-selected Democratic judges made the extraordinary claim that the President’s statements on the stump, as a candidate, were somehow relevant to whether the order was constitutional. This claim implies that an order may be unconstitutional if issued by one president, while the exact same order would be perfectly fine if issued by another. This is an absurd result.
It may be absurd, but it is what the Democrats believe. ACLU lawyer Omar Jadwat, arguing today before the Fourth Circuit Court of Appeals, told the court that President Trump’s travel order “could be constitutional” if it had been written by Hillary Clinton.