Why Donald Trump’s Muslim ban might be overturned: Daily Bullshit, February 6, 2017

Muslim Ban

I tend to rely on Jonathan Turley in understanding legal matters for a couple reasons. First, he’s prolific and authoritative in explaining legal issues of the day. Second, he is sufficiently privileged that I find his perspective useful in helping to assess how the elite may be viewing the events of the day. But if Turley’s wrong in thinking “that the weight of existing precedent favors the Administration and that the district court is vulnerable on standing issues,”[1] Jonathan Hafetz offers an explanation for Judge James Robart’s order that may be helpful. Hafetz covers four points, but among those points, Donald Trump has undermined his own case, both with his disrespect for the judge and with his longstanding calls for a ‘Muslim ban.’ The latter shows discriminatory intent (and the former is just stupid, pissing off the very folks Trump needs to rule in his favor).[2] Turley, who seems to have a serious blind spot on discrimination in our society, may understate the latter.[3] He writes,

The professors however also go all in on the argument that this ban should be viewed as an anti-Muslim ban:

Here, there is substantial evidence that the ban was motivated by animus against Muslims. For example, on January 28, 2017, a week after the inauguration, Former New York City Mayor Rudy Giuliani stated in an interview that President Trump had previously asked him about legally implementing a “Muslim ban.” Indeed, for nearly a year preceding the election, President Trump’s campaign website referred to a “Muslim ban,” indicating discriminatory intent.9 The evidence that there was no bona fide reason for the ban will be developed further through discovery.

I will not repeat the reasons for why I do not understand how a court can rely on such statements in its analysis, but I do not view that as a winning argument.[4]

Turley doesn’t “repeat the reasons for why [he does] not understand how a court can rely on such statements”[5] and I don’t know where he states them initially, so I can’t evaluate them. But ultimately there are two layers to this question. First, is Robart actually right on the merits? Hafetz offers a decent explanation for why he might be. But second, how will the courts ultimately see the matter? Here, Turley might be right even if he’s wrong.

Jonathan Hafetz, “Why Courts Appear Willing to Reject Trump’s Travel Ban Order,” Lawfare, February 6, 2017, https://www.justsecurity.org/37388/courts-reject-trumps-travel-ban-order/

Jonathan Turley, “Ninth Circuit Briefing Completed Today For Ruling On Trump Appeal,” February 6, 2017, https://jonathanturley.org/2017/02/06/ninth-circuit-briefing-completed-today-for-ruling-on-trump-appeal/


California Drought

Ellen Powell, “As the snowpack piles up, is California’s drought over? No, say experts,” Christian Science Monitor, February 4, 2017, http://www.csmonitor.com/Environment/2017/0204/As-the-snowpack-piles-up-is-California-s-drought-over-No-say-experts


  1. [1]Jonathan Turley, “Ninth Circuit Briefing Completed Today For Ruling On Trump Appeal,” February 6, 2017, https://jonathanturley.org/2017/02/06/ninth-circuit-briefing-completed-today-for-ruling-on-trump-appeal/
  2. [2]Jonathan Hafetz, “Why Courts Appear Willing to Reject Trump’s Travel Ban Order,” Lawfare, February 6, 2017, https://www.justsecurity.org/37388/courts-reject-trumps-travel-ban-order/
  3. [3]Jonathan Turley, “Judges In Seattle and Boston Reach Opposing Opinions On Trump Executive Order,” February 4, 2017, https://jonathanturley.org/2017/02/04/108507/; Jonathan Turley, “Ninth Circuit Rejects Motion For Immediate Reinstatement Of Executive Order But Schedules Expedited Argument For Monday,” February 5, 2017, https://jonathanturley.org/2017/02/05/ninth-circuit-rejects-motion-for-immediate-reinstatement-of-executive-order-but-schedules-expedited-argument-for-monday/; Jonathan Turley, “Ninth Circuit Briefing Completed Today For Ruling On Trump Appeal,” February 6, 2017, https://jonathanturley.org/2017/02/06/ninth-circuit-briefing-completed-today-for-ruling-on-trump-appeal/
  4. [4]Jonathan Turley, “Ninth Circuit Briefing Completed Today For Ruling On Trump Appeal,” February 6, 2017, https://jonathanturley.org/2017/02/06/ninth-circuit-briefing-completed-today-for-ruling-on-trump-appeal/
  5. [5]Jonathan Turley, “Ninth Circuit Briefing Completed Today For Ruling On Trump Appeal,” February 6, 2017, https://jonathanturley.org/2017/02/06/ninth-circuit-briefing-completed-today-for-ruling-on-trump-appeal/

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