No question that the 'travel ban' originated in Trump's oft-expressed irrational animus. But resting the challenge on discerning his motivations may have been a mistake. If the president was a more genteel and careful speaker, yet wanted the same policy... then what?
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Sotomayor hints at ways the “rational basis” standard could be undermined absent a clear demonstration of animus, but always ties it back to Trump’s animus-revealing statements. To curtail the foundation of executive power, reasoning can’t be contingent on one person’s utterances
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That's what the ballot box is for.
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Sotomayor's dissent is pretty weak from what I was able to read so far. Basically a subjective appeal to feelings. Should be laughable as a legal document, except that she sits on the SCOTUS...
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You don't know that Trump has animus. You (and others) have projected that on him.
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this describes the difference between Obama/Clinton & Trump. & why it was important that Trump win, so the obvious is seen even by the oblivious.
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And why you and other still insist this is a ban on Muslims is outrageous. Do the arithmetic. Not included are India, Saudi Arabia, Indonesia....on and on the list goes. You and others are desperate to keep the racist narrative going. Introspection time.
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Agreed. The correct legal reasoning would be that the burden is on the government to show that people from these regions present an extraordinary hazard compared to other travelers, or else it's dicrimination on is face. The govt. could satisfy that test only in rare cases.
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Yes, had he not revealed his prejudice, the travel ban would have been even more difficult to challenge. Either by design or because we live in a permanent state of exception, there aren't many limits to what the president can legally do.
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Or put another way, Obama would'f been able to ban any country, at any time, with any pretext
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I see your point now, put another way.
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