President Trump’s revised executive order has been halted, once again, by a federal judiciary which doesn’t seem to understand-or to care much about-the Constitution or its prescribed role within it. You can read Josh Blackman’s instal-analysis, which hits most of the key points.
As Mark Krikorian points out, regardless of the inherent merits of the Trump policy, the decisions rubbishing it pose a unique threat to Constitutional government as we know it. Something that the late Antonin Scalia warned about repeatedly. Not surprisingly, the state which is responsible for this latest extra-constitutional ruling has accepted less than 10 refugees for resettlement in FY 2015, none of whom hail from the Middle East.
This would be amusing if the consequences weren’t so stark.