To use a contemporaneous metaphor, the Fourth Circuit Court of Appeals grabbed Trump’s travel ban against six Muslim-majority countries by the neck and threw it to the ground.
The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan…remains “a law for rulers and people, equally in war and in peace.” And if so, whether it protects Plaintiffs’ right to challenge an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination. Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles—that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another. Congress granted the President broad power to deny entry to aliens, but that power is not absolute. It cannot go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation. [Emphasis added.]
The context the Court refers to is the endless honking from Trump and his minions about banning all Muslims, starting in December 2015 and all the way through the election, so it’s a bit of a stretch for him and the DOJ to say it has nothing whatsoever to do with banning all Muslims and hiding behind that ever-popular boogedy-boogedy about “national security.”
Attorney General Jefferson Beauregard Sessions III says the next stop will be the Supreme Court. They may be politicized in favor of the right-wing, but even they know religious bigotry when they see it. One can only hope.