An Excellent Fourth Circuit Brief, Filed Over The Long Holiday Weekend…

Do go read it all (a 67 page PDF file) — but it is no longer even remotely clear to me that the Fourth Circuit will rule in 45’s favor.

In fact, it is increasingly likely that the Trump Administration’s appeal to the Supremes will come on the heels of both the Fourth (unexpected) — and Ninth (widely expected) — Circuits ruling against the Constitutionality his Muslim Ban 2.0.

. . . .The facts of this case are extraordinary. President Trump publicly committed himself to an indefensible goal: banning Muslims from coming to the United States.

The President refused to repudiate that goal on multiple occasions, including after he was elected, and he continues to advertise it to this day on his own website. . . .

The President also explained how he would implement his impermissible goal:

Because people objected when he used “the word Muslim,” he announced, he would instead be “talking territory, not Muslim.”

He followed through on this promise in an Executive Order signed one week after inauguration, and prepared with no input from the relevant federal agencies. . . .

The government has never contested that the extraordinary record in this case, taken in full, establishes that the President adopted the Order with the primary purpose of targeting Muslims. . . . Nor has it ever argued that the government could ban people because of their religion consistent with the commands of the Establishment Clause. . . .

Now you know. Late this week, I’ll fly down south, and drive into rural Alabama, for the collegiate Nationals (triathalon); then Mississippi the following weekend. . . smile.



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