Meanwhile — Out West, In The Ninth Circuit — Another Muscular Amicus Brief Was Filed, This Afternoon…
April 18, 2017

This amicus brief was filed just today, by the MacArthur Justice Foundation. It — as much as any of the others — has buried 45’s chances, on appeal, in my estimation.

In my view, an unflinchingly accurate and impolite recitation of the facts — in this case, will all but compel the result (a complete loss for 45’s Ban 2.0), sua sponte. . . even at the Supremes.

Here is just a bit — but do go read all 33 pages:

. . . .This President of the United States, Donald Trump, selected an unpopular minority faith that makes up 1% of the nation’s population, ran a campaign that vilified and spread propaganda about that minority faith, and built an administration that has repeatedly equated the members of that faith with terrorists. He now expects the Court to turn a blind eye to that record of animus and, instead, accept the Government’s pretextual assertion of national security. . . .

That would be a serious abdication of the Court’s critical role in safeguarding discrete and insular minorities, and in preventing the use of Executive power to attack unpopular groups — the sort of abdication that has, in the past, left a permanent stain on American history [Ed. Note: the reference to Korematsu here is crystal clear — a U.S.S.Ct. case that belatedly stands for exactly the opposite of its original holding — against just these sorts of general and bigoted actions]. . . .

As early as April 11, 2011, Mr. Trump began advocating that a “Muslim problem” exists in the U.S., and suggesting that Islam teaches a “very negative vibe” and “tremendous hatred.” He recounted: “Bill O’Reilly asked me is there a Muslim problem? And I said absolutely, yes. In fact I went a step further. I said I didn’t see Swedish people knocking down the World Trade Center. . . . I mean I could have said, ‘Oh absolutely not Bill, there’s no Muslim problem, everything is wonderful, just forget about the World Trade Center.’ But you have to speak the truth. . . . The Koran is very interesting. . . . I’m certainly not an expert, to put it mildly. But there’s something there that teaches some very negative vibe. . . . there’s tremendous hatred out there that I’ve never seen anything like it. . . .” [Ed. Note: Except of course whenever 45 himself. . . speaks, on the topic.]

[And again — Mr. Trump, speaking in December 2015 about then-President Barack Obama, with a questioner]. . . .

“Questioner: “We have a problem in this country. It’s called Muslims.”

Mr. Trump: “Right.”

Questioner: “You know our current president [Mr. Obama] is one. You know he’s not even an American.”

Mr. Trump: “We need this question.”

The President has adhered to his view that people of the Muslim faith are a “problem” and vilified them on numerous other occasions. . . .

On November 22, 2015 [Mr. Trump] stated: “There were people that were cheering on the other side of New Jersey, where you have large Arab populations. They were cheering as the World Trade Center came down. . . there were people cheering as that building came down—as those buildings came down. And
that tells you something . . . . There were people over in New Jersey that were watching it, a heavy Arab population, that were cheering as the buildings came down. Not good. . . . [Ed. Note: this Trump assertion is universally known to be a complete lie.]

This man (along with others) must be brought to heel — like the unruly animal he clearly but vainly tries to be.

I’m taking a bit of time to enjoy a flawless afternoon in the sun, and express gratitude, to our founders for leaving us a very solid means to protect ourselves from animals like him. It is called judicial review — and I for one like the taste of it.

I no longer want to taste lies, spit into my own mouth. Out.

नमस्ते

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