On Thursday, the Fourth Circuit Court of Appeals affirmed a district court ruling placing a nationwide stay on the implementation of President Trump’s executive order banning travel from seven Muslim-majority countries. The judge, Chief Judge Roger Gregory, is a President Bill Clinton appointee; he was reappointed by President George W. Bush. He was part of the Fourth Circuit majority that declared traditional marriage laws unconstitutional.
His decision on the travel ban is full of legal stupidities and outright manipulations. He begins by characterizing the Trump travel ban as “an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.” Now, it’s bad lawyering to appeal to language outside the text of a statute or executive order in order to strike down that law — a law is specifically-worded, carefully-crafted in order to be implemented in a particular way. Pointing to loose language by advocates for any given law would give the courts ample reason to strike down that law. For example, the Supreme Court could have, on that basis, struck down Obamacare as an unconstitutional mandate; President Obama had said repeatedly that Obamacare was not a tax. But the Court ignored his language — and the language of the law itself — in order to uphold Obamacare.
In this case, the Fourth Circuit decided that since, in its view, President Trump is a nasty Nellie, the executive order had to be stayed.
Not that I am telling you anything new here, but results like these simply reinforce the fact that the United States — and other countries in the West for that matter — are, at least for major and contentious social issues, ruled by the judicial black robes, not by the so-called people. And even if this issue goes to the Supreme Court, and even if Trump wins there, the point still stands, for it will be the Supreme Court that has ultimately made the decision in this case.
Now, though the political system that currently exists in the West will not change barring any major civilization upheaval, when that upheaval happens — and it inevitability will — then a new system that removes the judicial social control from Western countries will need to be put in place. That is a key point for Western Civilization moving forward.