Not Buying It 0
Noah Feldman, who, in addition to being a Bloomberg columnist, is also a Harvard Law profession, parses the recent 10-3 decision by the 4th Circuit Court of Appeals upholding the freeze on the Trump administration’s Muslim ban. Feldman analyzes three aspects of the opinion, but this is the crucial bit:
That led Gregory to the heart of his opinion — and the condemnation of Trump as a liar.
(snip)
Here’s where the opinion got personal. Gregory acknowledged that the executive order was “facially legitimate.” But, he said, “bona fide” literally means “in good faith.”
And here, he reasoned, the plaintiffs had provided “ample evidence that national security is not the true reason” for the order. That evidence, the court said, came mostly from Trump himself, in the form of his “numerous campaign statements expressing animus towards the Islamic faith.”
Follow the link for Feldman’s explanation of his reasoning.
