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Having failed to define the real threat — sharia supremacism — Trump walked into a trap of his own making.
The Fourth Circuit Court of Appeal’s ruling against President Trump’s so-called travel ban empowers both radical Islam and judicial imperialism. The combination portends lasting damage to the United States.
To rehash, the executive order (EO) proclaimed temporary restrictions (the main one, for 90 days) on travel to the United States by the nationals of six countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen. Those countries, along with Iraq (cited in Trump’s original executive order, but not the revised EO at issue), had previously been singled out by Congress and President Obama — not because they are Muslim-majority countries, but because a) the presence or promotion of terrorism in their territories makes their nationals suspect and b) their anti-Americanism and/or dysfunctional governments render it impossible to conduct background checks on visa applicants.
This Fourth Circuit’s en banc review of prior invalidations of the EO by “progressive” activists masquerading as jurists produced 205 pages of opinions. The outcome was about as uncertain as Secretariat at Belmont, with ten of the tribunal’s 13 judges joining Chief Judge Roger Gregory’s majority ruling to one degree or another.
Three judges filed compelling dissents that will prove quite useful when, as Trump promises, the case proceeds to the Supreme Court. The continuation of the litigation is an unfortunate outcome, even if conservatives and other rule-of-law types, buoyed by Justice Neil Gorsuch’s appointment, may be right that the EO has a better shot in the High Court.
That’s because the EO doesn’t matter. You may not have noticed, but sharia supremacism has already won, regardless of what the Supreme Court does.Read the rest from Andrew C. McCarthy HERE
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