Court says essentially that Trump is not be believed. Will Supreme Court conclude the same?
A substantial majority of the judges who sit on the U.S. Court of Appeals for the 4th Circuit in Richmond delivered a rather remarkable judgment last week: The president of the United States is not to be believed.
Will the Supreme Court conclude the same thing? And by “Supreme Court,” we mean “Justice Anthony M. Kennedy,” whose name was invoked 23 times in the 205 pages of majority opinions, concurrences and dissents in the appeals court’s 10-3 rejection of President Trump’s revised travel ban.
It appears we will find out — the president’s lawyers will likely ask the high court this week to overturn the 4th Circuit opinion. Perhaps the administration will find a more receptive audience at One First Street than it has to date for the argument that judicial attempts to peer into the chief executive’s motivations are inappropriate.
But it’s worth another look at the remarkable rhetoric in Chief Judge Roger L. Gregory’s majority opinion, concluding that Trump’s “true reason” for the travel ban was not protecting the nation’s security but making good on a campaign promise borne of anti-Muslim bias.
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