Federal Judge Issues Restraining Order on Immigration EO

[Mr. Morden]

http://www.seattletimes.com/seattle-news/politics/federal-judge-in-seattle-halts-trumps-immigration-order/

Basically, the judge ruled it as anti-Muslim.

This could open up a world of insanity if turned into precedent. Granting constitutional rights to non-citizens on foreign soil?

It has nothing to do with the non-citizens' rights so much as the EO directly violating the constitution in nature by targeting a group of non-citizens based on their religion.

Well actually it does. What standing does the plaintiff have in this case? How can you infringe on freedom of religion for someone who is not a citizen and not on us soil? How can you extend equal protection to visa cancellations?


There's a million reasons you may not like the EO, but if it is ruled unconstitutional on the basis of religious discrimination it opens up a can of worms like we've never seen before in our legal system.

In that sense, you have a point, but note that the EO also targeted permanent residents with Green Cards, who are protected and afforded those rights.

It's not just permanent residents, but *any* person within the jurisdiction of the US has constitutional rights by virtue of the 14th amendment, no?  But yeah, what about people who are not *yet* in US jurisdiction, but applying to get in?  Doesn't seem so obvious that the constitution would apply to them.

[Mr. Morden]

Trump really needs to back down or change the order. He's hitting record disapproval indicating that this is bleeding support and political capital for him.

It's not obvious to me that he is bleeding support in any meaningful way.  He was simply unpopular to begin with, and he's still unpopular.  His favorability was way underwater on election day, yet he still managed to win, because Clinton was also unpopular.