I may write more extensively about it this weekend, but suffice it to say that I am happy that the Ninth Circuit has refused to remove the lower court’s restraining order from Trump’s attempt to ban travel from 7 countries.
The most important bit, IMHO, is that the court made clear that even the President is subject to the rule of law and even on matters of “national security.” (You can see how if they carved out “national security,” suddenly, everything would be about “national security.”) That’s essentially the entire thread upon which our democracy hangs: even the President has to follow the law. And, as the court made clear, the law includes due process for everyone on American soil.
I’m not surprised, but I’m happy. For the moment. We’ll see what the Supreme Court does. A 4 to 4 decision would leave the Ninth Circuit’s decision in place, but even some of the more conservative judges will be reluctant to say that courts have no role here.
Picture found here.