One of the things that Trump critics fear most is his possible response to a Manchester-type terrorist attack (or something even worse). But rather than providing a check on future anti-terror overreach, the Fourth Circuit’s overreaching opinion is likely to encourage it.
After all, if you tell the White House that it cannot do things that normal presidents are allowed to do because of Trump’s campaign-trail rhetoric, what incentive does the White House have to work carefully within constitutional lines should ISIS or Al Qaeda strike?
Instead, if the courts are automatically going to rule against Trump on any counterterrorism issue that touches on Islam, the president may feel that he may as well prepare for war with the judiciary, since tailoring his policies to fit existing precedents is clearly just a waste.
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