The Muslim Ban ‘Drips With Religious Intolerance, Animus, and Discrimination,’ Rules Federal Appeals Court

We should all feel proud today. The Fourth Circuit Court of Appeals refused to allow the Muslim ban to go into effect. Step by step, point by point, the court laid out what has been clear from the start: The president promised to ban Muslims from the United States, and his executive orders are an attempt to do just that.

The bottom-line question, the court recognized, is whether the Constitution establishes the rules for everyone, “rulers and people,” police officers and presidents, “equally in war and in peace.” And the court answered resoundingly that it does. The government, the court explained, had repeatedly asked the court “to ignore evidence, circumscribe our own review, and blindly defer to executive action.” But the court refused: “We cannot shut our eyes to such evidence when it stares us in the face.”

And that evidence is clear and compelling.

While the text of the Muslim ban “speaks with vague words of national security,” the court recognized that in context it “drips with religious intolerance, animus, and discrimination.” The ban’s message of religious condemnation is contrary to the bedrock constitutional requirement that the government remain neutral among religions: “When the government chooses sides on religious issues, the inevitable result is hatred, disrespect and even contempt towards those who fall on the wrong side of the line.”

The framers of the Constitution recognized how dangerous taking sides would be for our country, and the Fourth Circuit today vindicated this fundamental principle.

One of the members of the court, Judge Wynn, pointed out the historical context. “We have matured from the lessons learned by past experiences documented, for example, in Dred Scott and Korematsu,” he explained, referring to the shameful decisions permitting slavery and Japanese internment. “Laid bare,” Judge Wynn explained, “this Executive Order is no more than what the President promised before and after his election: naked invidious discrimination against Muslims.”

And that is unconstitutional.

We should all feel proud because this is not just a victory for the plaintiffs in this case. And it is not just a victory for millions of Muslims and immigrants and their families, friends, and neighbors. This is a victory for all of us, for the independence of our courts, the force of our Constitution, and the rule of law. No one is above the law, not even the president.

These cases are not over. The Ninth Circuit recently heard arguments in another challenge to the Muslim ban, and a decision is expected soon. And the government may appeal to the Supreme Court. But today is an enormous victory for American values, one we should all cherish.

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Anonymous

Goddam Saudi Arabia, where 12 of the hijackers came from, isn't even ON the list.
This is massive bullshit and dead-obvious they've NEVER been doing it to keep anyone safe.
Not that they kept my daughter's dad safe even after they were warned time and time again. They must have been warned at least 70 times. They had at least TWENTY conversations about whether they should get bin Laden, but nobody does ANY fuckin' thing until after our loved ones are not only dead but mutilated and annihilated from the earth.
We never even received identification of remains to match the samples we gave for DNA identification.
And he died for how TRUMP still ACTS even though Eric was never like that. He always wanted to help people and he was always happy.
I think the wrong person died and I don't care how terrible it sounds. It doesn't make any sense to me why someone good is brutally murdered at 29 and someone evil as the blackest sin gets to keep living 70+ years of life with no gratitude for the fact that he gets to wake up every morning. No, all HE can do is complain abt everything that doesn't go his way.

Anonymous

So when do you defend the rights of people being trampled on, those offended by some new whim, that is being purported to be perfectly normal.
I am not against immigrants. As long as they KNOW THE LAW AND ABIDE BY THE LAW. Plain and simple. Sharia law is illegal. FGM is illegal. Young Muslim men should never be allowed to harass a female of any age. If they do, they should be deported, because in this country that is illegal. As long as any immigrant from any locale comes here prepared to obey the law and work for their upkeep. Man, and woman alike. If they are physically capable to do a job, then do it. Keep your mitts off the females in this country. Work. Abide by the laws of this country.

Anonymous

The president has the authority to restrict who enters the country. 70 IQ Africans have no business coming to the US. Banning these "people" is a no-brainer. Would you open your door to a roving pack of wolves? Of course not. Why should we let in a bunch of rapefugees? What about the rights of the people who built this country? Why should we subsidize these evolutionary throwbacks? Why should we let them come here and rape our women and children? Hopefully the Supreme Court will fix this mess.

voncile

IMO, my white, racist, middle class, conservative, brain dead opinion, this ACLU does more harm than good for America the Beautiful.

Anonymous

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