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Wednesday, March 15, 2017

Aloha for the Executive Order

A judge in Hawaii has issued a temporary restraining order barring enforcement of the revised Executive Order regarding a temporary halt to entry into the USA from six countries that are hotbeds of terrorist activity.

First, I have to say that I have not yet seen the court's decision.  Nevertheless, from news reports, the decision sounds wrong.  Supposedly, the court ruled on the basis that the executive order violates the establishment clause of the constitution.  In other words, the court found that cutting off entry for 90 days for citizens of six countries would result in the selection of a state religion for the USA.  It's total BS.  Sure, the six countries are predominantly Muslim, but the countries in which 90% of the world's Muslims live are not covered by the ban.  Similarly, all of the Christians and other religions in these six countries are affected by the temporary ban as well as their Muslim citizens.  The Hawaii judge may want to think that this is a religious test, but it is not.  It may take a trip to the Supreme Court, but Trump will win this battle.

The sad thing is that the battle is unnecessary.  The ban is supposed to be temporary while the extreme vetting procedures are put in place.  Since the first Executive order was issued, we have already gone through half of the original 90 day period.  We could easily get through the rest of the 90 days without any ban.

Trump has to fight this decision, nevertheless, because it undermines the authority of the President.  It will be, however, a fight over nothing that need never have happened.

Oh well.

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