National Security? Or Galactic Ego?
by: Jack Edward Urquhart
Tomorrow, February 7, 2017 at 3 o’clock PST, the United States Court of Appeals for the Ninth Circuit will hear arguments on whether a district court’s order temporarily restraining two provisions of Trump’s travel ban should be overturned.
James Robart was appointed a Federal Judge for the Western District of the State of Washington by George W. Bush. Judge Robart temporarily barred enforcement of two provisions of Trump’s Executive Immigration Order. First, Trump’s 90 day suspension of entry into the United States of all people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen was temporarily halted. Second, Judge Robart also temporarily banned Trump’s refusal to permit the United States to accept refugees.
Trump’s own words may play a significant role in the Ninth Circuit’s decision. Trump argues that his order does not target a religious group. Trump, however, campaigned on a promise to impose “a total and complete shutdown of Muslims entering the United States.”
The State of Washington claims it has over 7,000 non-citizen immigrants from the seven countries targeted by Trump. It describes the human and financial “chaos” Trump’s order unleashed. It details the costs to businesses in the State of Washington and its public universities.
The State of Washington argues that Trump’s motion relies heavily on Trump’s assertion that irreparable harm will come from second-guessing the President’s National Security judgment.
Trump, Washington State argues, acted in a bad faith effort to target Muslims.
A reading of the legal papers filed throughout the country raised an important issue – ABSENCE OF COMMON SENSE. Trump’s order is far from a legal masterpiece. In fact, its implementation clearly failed to appreciate the world wide disruption it would cause. Much of the disruption caused by the Executive Order resulted from the way it was written, and the manner in which it was sprung on the world.
This Executive Order, and the litigation which will result, is not about high-flying constitutional questions or national security. The issues may be as simple as one man’s EGO, and LACK OF COMMON SENSE.