Today, a 9th Circus judge overturned Trump’s extreme vetting executive order because Trump earlier said he wanted to pause all Muslim immigration.
Robert Bork was the greatest jurist of the 20th century. He was the champion originalism, a role Antonin Scalia later inherited. Most people, including conservatives, have a misunderstanding about the theory, believing it is revolves around the founding fathers’ real intentions behind Constitutional amendments. However, that’s just shorthand for finding the meaning of the specific words written into law as they would have been understood by the public.
Bork explained this in his 1991 book The Tempting of America: The Political Seduction of the Law:
“The search is not for subjective intention. If someone found a letter from George Washington to Martha telling her that what he meant by the power to lay taxes was not what other people meant, that would not change our reading of the Constitution in the slightest. Nor would the subjective intentions of all the members of a ratifying convention alter anything. When lawmakers use words, the law that results is what those words ordinarily mean. If Congress enacted a statute outlawing the sale of automatic rifles and did so in the Senate by a vote of 51 to 49, no court would overturn a conviction because two senators in the majority testified that they really had intended only to prohibit the use of such rifles. They said “sale” and “sale” it is. . . . Secret reservations or intentions count for nothing.” — Robert Bork, The Tempting of America
Trump’s EO pauses immigration from six specific countries and those six specific countries it is.
Not that a blanket Muslim ban would be illegal, anyway. 8 U.S. Code §1182, ever since the 1957 Immigration and Naturalization Act, specifically enables the President to ban any class of immigrant:
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” — 8 U.S. Code §1182
To neuter liberal hysterics, Trump took a moderate position of pausing immigration from countries where proper vetting immigrants is impossible. According to Judge Watson, Trump’s secret intention is to ban all Muslims, and Watson ruled on these secret intentions.
Don’t try to find any consistent application of law from liberal judges. The only consistency of liberal judges is consistently reaching desirable political goals regardless of the word of law.
If only we could find a pro-life liberal judge to say any funding for Planned Parenthood is secretly intended to fund abortions.