Now that the president has been shot down by every circuit court that has heard the case of his unconstitutional Muslim ban, he’s taking it all the way to the top. Maybe Donald
Sterling Trump thinks that his new Pet Justice™ Neil Gorsuch will cast a deciding vote that will give him a hard-fought victory to keep the icky brown people out of America.
It’s not likely.
While Trump calls the executive order a “travel ban,” we here in the world of words call it a Muslim ban because, well… Let’s face it. The man said he wanted to ban Muslims, and he did it in the third person, just so you’d know it was his idea:
Donald J. Trump is calling for a complete and total shutdown of Muslims entering the United States until our country’s representatives can figure out what the hell is going on.”
Now Trump and his lawyers are mad that lower courts are — GASP! — using his actual words against him. In the last case that Trump lost regarding this ban, one member of the majority, Judge James A. Wynn Jr., said:
Laid bare, this executive order is no more than what the president promised before and after his election: naked invidious discrimination against Muslims.”
That’s just the first sticking point for the Trump administration’s case. He has never retracted the campaign boast, though he has stricken language specifically about religion from his executive order. And really, there’s no taking back a statement like that, unambiguous as it is. But the second issue is which countries Trump has named for restrictions in the name of national security. In each appearance before the courts, the presiding judges have asked in one way or another why the specific countries that appear on Trump’s list, and no others, were named as potential breeding grounds for terrorism.
The administration so far has no answer for this very simple question.
Unfortunately for Trump, there is an answer: Because the ban is symbolic. He wants to appeal to his racist base, and following through with his most outrageous campaign promise would do just that. If the ban weren’t pure symbolism, the country Trump just made a $110 billion arms deal with would be on it — Saudi Arabia. After all, the worst terrorist attack ever carried out by Muslims in America was executed by a group that was comprised of eighty percent Saudis.
Thankfully, every court thus far has seen through the Sessions Justice Department’s arguments. The Supreme Court is likely to do the same.
Featured image via Zach Gibson/Getty Images