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Tue Jan 31, 2017, 10:39 AM

Its Unconstitutional: Trumps executive order is an unlawful attack on Muslims that must be struck

Trump’s executive order officially prefers Christians and Christianity and disfavors Muslims and Islam. The order is sloppy and at times indecipherable—it was apparently signed without any input or review by the executive agencies it affects—but whoever wrote it was smart enough to attempt to dress up its animus in pretext. That pretense, however, does nothing to obscure its discriminatory intent and effect. In addition to targeting seven majority-Muslim countries, the order suspends the U.S. Refugee Admissions Program for 120 days, no matter a refugee’s country of origin. When that freeze ends, the order directs the secretary of state, “in consultation with the Secretary of Homeland Security,” to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality. (Emphasis mine.)

That limitation is critical—and illegal. It is normal to prioritize “refugee claims made by individuals on the basis of religious-based persecution.” There is a long-standing and bipartisan agreement that America’s refugee policies should always focus, at least in part, on those being persecuted on the basis of religion. But this principle is dramatically altered in the very next clause, which states that a refugee persecuted because of his religion will only be prioritized if he “is a minority religion in the individual’s country of nationality.”

The purpose of this limitation is obvious when applied to the Muslim-majority countries with which Trump is concerned: It favors Christian refugees over Muslim refugees. Trump’s executive order will not help Muslim refugees in Muslim countries who face religious persecution. It is instead designed to help Christians in Muslim-majority countries. On a textual and structural level, the order distinguishes between refugees on the basis of religion, helping Christian refugees because they are Christian, and turning away Muslim refugees because they are Muslim. This discrimination plainly contravenes the “clearest command” of the Establishment Clause.

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/01/trump_s_executive_order_is_an_unconstitutional_attack_on_muslims.html

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Reply Its Unconstitutional: Trumps executive order is an unlawful attack on Muslims that must be struck (Original post)
Nitram Jan 2017 OP
dhill926 Jan 2017 #1
Bayard Jan 2017 #2

Response to Nitram (Original post)

Tue Jan 31, 2017, 11:15 AM

1. anybody gonna do anything about it...

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Response to Nitram (Original post)

Tue Jan 31, 2017, 11:34 AM

2. Could be a bone

A token he's throwing to his followers. When it gets rescinded by sane people, he can say--See, I tried!

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