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May 26, 2017

RULE OF LAW: Byron York: On travel ban, judges reach ‘Trump only’ decision. “Chief Judge Roger Gregory’s majority decision is 79 pages long, but it boils down a single point: It doesn’t matter whether the text of the Trump order is constitutional, because the president’s previous statements about Muslims, made mostly during the campaign, prove that it is based in animus against a religion, and is therefore unconstitutional. . . . The majority’s decision, as laid out by Gregory, suggests a mind-bending possibility: If the Trump executive order, every single word of it, were issued by another president who had not made such statements on the campaign trail, the court would find it constitutional.”

The judiciary’s prestige-well is going to dry up pretty fast at this rate.