How absurd is the reasoning of the Ninth Circuit Court of Appeals? Suppose Donald Trump resigns the presidency tomorrow. As soon as Mike Pence takes the oath of office, he issues the very same executive order Trump did. Since Pence didn't make the campaign statements Trump did (allegedly reflecting bias against Muslims), the courts must uphold the order. How can the constitutionality of an executive order depend on which president issues it? Mark my words: The Supreme Court will reverse the Ninth Circuit. Perhaps one of the justices will make the very point I'm making in this blog post, which is original with me.
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