The 9th Circuit’s dangerous and unprecedented use of campaign statements to block presidential policy

[mystery-ak]

The 9th Circuit’s dangerous and unprecedented use of campaign statements to block presidential policy
By Eugene Kontorovich February 9 at 9:15 PM

The U.S. Court of Appeals for the 9th Circuit has just upheld a nationwide temporary injunction on President Trump’s executive order relating to refugees and visas from certain countries. I think the court’s opinion is weak in most respects, but I will address one of the most interesting and potentially far-reaching aspects.

Generally, the president has vast discretion in issuing visas. One of the major arguments against the executive order is that while in principle a president can limit immigration from the seven affected countries, it would be unconstitutional for President Trump in particular to do so, because in his case the action is motivated by impermissible religious bias. The central exhibit for this argument is his campaign statements about a “Muslim ban.”

more
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/09/the-9th-circuits-dangerous-and-unprecedented-use-of-campaign-statements-to-block-presidential-policy/?utm_term=.6dcbcee15263

[jmyrlefuller]

The Post actually allowed this to be published? I know it's Volokh so it's not their usual staff, but this doesn't fit the paper's narrative.

[Bigun]

Rogue Courts are more dangerous to us than ISIS or Al Qaida!