Trump issued an Executive Order (XO) banning for some periods of time people from certain countries from entering the US, banning all refugees, and making exceptions for people based on religion. (The latter isn’t exactly what the XO said, but it’s clear from comments by Trump and his coterie that that’s the intent. It’s also clear from comments by Trump and his coterie that the XO is a Muslim ban.)
The order was appealed in courts from Massachusetts to Hawaii. More recently, Judge James Robart, US District Court for the Western District of Washington, suspended key parts of the XO in a ruling that is effective throughout the nation. This was upheld by the 9th Circuit Court, which rejected a government request to overrule Judge Robart.
Enough has been written about the illegality and unconstitutionality of the XO. If you don’t believe it is illegal and unconstitutional, there’s nothing I can say to change your mind. And vice-versa.
Enough has been written about Trump’s ad hominem attacks on Judge Robart and the court system. (Remember: an ad hominem is an attempt to discredit a person's argument by discrediting the person through a personal attack. It's used most often by someone who can’t find a way attack another's argument.)
Not enough has been written about what is likely to happen as Trump and Trump’s Chumps begin to dismantle the separation of powers in their apparent quest to pervert and subvert the Constitution of the United States.
[Yes, "Trump's Chumps" is an ad hominem. I will defend it, later.]
First: Judge Robart’s ruling is likely to be appealed to the US Supreme Court. Neither Trump nor the various states’ Attorneys General are likely to back down. The issue has nationwide implications. Rulings have been issued by courts in multiple districts. It’s a case made for the Supreme Court.
If the case were decided by the current Supreme Court, it would likely to result in a 4-4 tie. This would mean Judge Robart’s ruling would stand and the XO would fall—at least until Trump thought up another way to ban Muslims. (Remember, that was a campaign promise.)
Watch the Republicans push through Trump’s nominee for the Supreme Court to make sure they will win when this case reaches there. That is a perversion of the separation of powers and of the authority of the president and the congress.
Second: The 9th Circuit has once again proven its willingness to stand up to unconstitutional laws (in this case, an unconstitutional XO). Republicans have long wanted to break the 9th Circuit up to reduce its power. They now have the power, and there’s little to stop them. In the words of an old apothegm, it would be the camel’s nose under the tent. The entire camel will follow, the tent will fall, and the tenets of the Constitution will follow.
Trump has already begun to undermine the First Amendment by attacking individual reporters and freezing out legitimate news sources.
What will be his next target?
Federal Court System: http://www.fedbar.org/Public-Messaging/About-US-Federal-Courts_1.aspx
Status of the Case (most current source at time of writing): http://www.cnn.com/2017/02/06/politics/9th-circuit-court-of-appeals-trump-travel-ban/
Trump’s ad hominem attacks: His own Twitter account
Registered Curmudgeon, scientist, skeptic, humanist, and writer.