Samuel Johnson once said, “When a man knows he is to be hanged … it concentrates his mind wonderfully.” For opponents of the Trump immigration order, minds became distinctly more concentrated around 11am this morning, when the U.S. Supreme Court reinstated much of Trump’s order in a reversal of the U.S. Court of Appeals for the Ninth Circuit. While the court will hear the merits in October and could still rule against the administration, these preliminary decisions often reflect a view of underlying merits.
For those of us who have long argued that the legal authority supported Trump, the order was belated but not surprising. However, the order does offer a brief respite for some self-examination for both legal commentators, and frankly, the courts. At times the analysis surrounding the immigration order seemed to drop any pretense of objectivity and took on the character of open Trump bashing.
The Supreme Court ruled the administration could enforce its immigration order under Section 2(c), which deals with the suspension of entry from six countries. The court ordered that the vetting could commence with the exception of “foreign nationals who lack any bona fide relationship with a person or entity in the United States.”
The court ruled “when it comes to refugees who lack any such connection to the United States, for the reasons we have set out, the balance tips in favor of the Government’s compelling need to provide for the Nation’s security.” The preliminary ruling on this type of stay indicates that, when the final merits are decided, a majority of the court is likely to make the changes permanent and binding.
Indeed, three justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — did not want any limitation on lifting the injunction and dissented from that part of the opinion. To use Johnson’s rhetoric, the date of the hanging is set for the October term absent a dramatic shift on the court. That gives us some time to contemplate how this controversy has impacted our core institutions.
I previously wrote that Trump seems at times to bring out the worst of people — supporters and opponents alike. Yet, his signature attacks often cause people to fulfill the very stereotypes that he paints, particularly among some reporters and judges. Ironically, Trump’s attacks on the media as biased may not have been true at the outset but they are true now. Mainstream media have become openly hostile to Trump.
There is often little distinction on some cable networks between the hosts and their guests in attacking Trump, who brings much of this criticism on himself in ill-considered and often insulting attacks. However, the media is trained to resist such personal emotions and retain objectivity. Throughout much of its history, it has done precisely that … until Donald Trump.
He seems like the itch that reporters and commentators just have to scratch and frankly sometimes it seems like a few are enjoying it too much. With ratings soaring, hosts and legal experts have shown little interest or patience in the legal arguments supporting his case, even though the Obama administration advanced similar arguments in court.
The hostile (and often distorted) analysis in the media was disconcerting but predictable, given the trend toward greater opinion-infused coverage. Networks are fighting for greater audience shares based on formulaic coverage — offering echo-chamber analysis to fit the ideological preferences of viewers. For the anti-Trump networks, the legal analysis is tellingly parallel with the political analysis. These cable shows offer clarity to viewers in a world without nuance. The law, however, often draws subtle distinctions and balancing tests. In this way, viewers are being given a false notion of the underlying legal issues in these controversies.
What has been more concerning is the impact of Trump on the courts. Trump shocked many in both parties by his personal attacks on judges as well as general disrespect shown to our courts. These were highly inappropriate and inaccurate statements from a president. However, once again, courts seemed to immediately become the very stereotype that Trump was painting.
Cities and any place that makes itself a Sanctary City should lose all its federal funding
The promised travel ban on countries (not Muslims) went through and is now a a law.