William A. Jacobson at Legal Surrection begins his comments on the 4th Circuit's opinion upholding the president's second executive order (EO2) with this quote that he appropriately calls "completely foolish":
The Second Executive Order does not include any examples of individuals
from Iran, Libya, Sudan, Syria, or Yemen committing terrorism-related
offenses in the United States.
I suppose it could be argued that it is unfair to critique a judicial opinion on the basis of only one sentence (and Mr. Jacobson comments extensively on other key parts), but this statement shows a complete lack of understanding by Judge Roger Gregory, who wrote the opinion, of the most basic function of the judiciary and separation of powers.
The statement reads like a professor grading a paper: "Unsupported assertion! Cite examples!"
Does the judge not understand that the judiciary has no business second guessing the president on security matters? Has he sat in on Security Council meetings? Seen the president's daily briefings?
It is appalling that an Appeals Court judge can write something so staggeringly stupid.
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