Thus, we are left with a majority holding that a document that unquestionably does not exclude Muslims from the United States is the means of, you guessed it, excluding Muslims from the United States. We are left with a majority holding that cements the idea that an otherwise lawful order is unlawful only because Donald Trump issued it. We are further left with a majority holding that a court may — in its sole discretion — determine when campaign statements (or any other political statements, really) can affect the constitutionality of a government action and trump even the text of the document itself.
All this adds up to Trumplaw, the assertion by the federal judiciary of the legal authority to stop Trump. But don’t think Trumplaw will end when Trump himself leaves office. The principle is now established: When a judge doesn’t like a politician’s campaign statements, those statements can taint even actions that clearly contradict those statements. In other words, Trump can even change his mind — as he so plainly did — and not even his changed mind can be cleansed of its original sin.
The sad reality is that this takes place in the aftermath of an event — the Manchester bombing — that demonstrates that one of the countries on the list, Libya, is in fact a hotbed of terrorist activity. The bomber traveled to Libya and allegedly had help there. He was a British citizen and not subject to the travel pause, but his journey illustrates the very real dangers of lawless regions gripped by jihad. Is it unconstitutional to pause entry from that nation to make sure that we can properly vet and screen for ISIS sympathizers? The Supreme Court has always said no. Today, the Fourth Circuit says yes. Today, the Fourth Circuit has chosen to distort the law and risk our national security to stop Donald Trump.