There’s a glaring political divide in the 4th Circuit Court of Appeals decision to stop President Trump’s revised executive order limiting entry into the U.S. for some people from a few terror-plagued Muslim-majority nations. The court ruled against the president by a solid 10 to 3 vote. All ten on the winning side were appointed by Presidents Barack Obama or Bill Clinton. All three on the losing side were appointed by Presidents George W. Bush or George H.W. Bush.

If anything, the decision shows the value of a two-term presidency in shaping the courts. The4th Circuit, once solidly conservative, is conservative no longer with six Obama appointees.

Chief Judge Roger Gregory’s majority decision is 79 pages long, but it boils down a single point: It doesn’t matter whether the text of the Trump order is constitutional, because the president’s previous statements about Muslims, made mostly during the campaign, prove that it is based in animus against a religion, and is therefore unconstitutional.

Gregory made his case in a headline-grabbing opening paragraph, in which he declared that the executive order “in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.”