Will the Courts Use Trump’s Own Statements to Declare His Executive Order Unconstitutional? – Slate Magazine
If even Clifton thinks the courts must look at Trump’s statements about the order, the government is in trouble. Clifton’s questions were generally favorable to the DOJ, but he seemed disturbed by the notion that courts must ignore the president’s comments about orders he has signed. And that, really, is where the fight ahead will focus. If courts are limited to analyzing the text of the order and nothing else, they may have a hard time inferring that it disfavors Muslims. If they can look to Trump’s comments about the order, however, they can easily conclude that its purpose was to discriminate against Muslims on the basis of their religion. All three judges on Tuesday’s panel appeared willing to consider Trump’s comments about the order in addition to the text itself. That is a heartening sign for Washington—and it should make the government very, very nervous.