Ninth Circuit’s Decision on Travel Ban

The ruling of the Ninth Circuit is amazing.  I read every word, and strongly encourage everyone (of all political stripes) to do the same. It is a thorough and well thought out reasoning on many very complex arguments.  

The document also does a really nice job of walking you through “how we got here” (all the court drama prior to this ruling) and explaining what each of the parties were subsequently arguing before this court.

Contrary to what the the White House has tweeted, it’s not a political ruling.  The court references a wealth of established case law for every position taken in the finding with regard to the many arguments made by the parties.  

The finding doesn’t directly rule on the constitutionality of the Executive Order – only the question of whether the injunction should be lifted until the appeals process completes.

Whatever your thoughts on the Executive Order might be, the many references to case history in this ruling are fascinating.  The checks and balances in our constitutional democracy are powerful … here’s hoping that an age where facts and precedent are decried as a liberal conspiracy won’t undermine them.


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