The Friday 5/26 Detroit News print edition ( I could not find a link in the online edition) carried a front page news item "Court deals new blow to travel ban" by David G. Savage, Tribune Washington Bureau. Evidently, The 4th Circuit Court of Appeals ruled 10 to 3 that "...it appears to discriminate based on religion and that the administration's argument that the order was needed to protect national security was a "pretext" offered in "bad faith."
Please understand what this means: we should never have bombed Japan in WW2 because doing so was discriminating against their religion, Shinto. Their religion treated the emperor as a god or godlike. His every command was to be accepted on blind faith and obeyed. America's self defense then was just a "pretext" determined by our own "bad faith." Evidently, that 'bad faith' caused Pearl Harbor. Thankfully, none of these justices were around in WW2.
This is what happens when justices drop context when considering legal decisions. They dropped several contexts big time in this one.
First, is the question, what is the purpose of our laws? Generally speaking, their purpose is to provide justice. But that leads to the next question: according to what standard? That standard is provided in our Declaration of Independence. It is man's unalienable right to life, liberty and the pursuit of happiness guaranteed to all men equally. This should be the standard by which all laws are to be written.
It's a simple formula actually: If an activity violates or threatens to violate a citizen's right to life, liberty and the pursuit of happiness, Congress shall address it. If an activity does not violate or threaten to violate a citizen's right to life, liberty and the pursuit of happiness, Congress shall make no law. This in turn means the Constitution and all its amendments must be held to this standard.
So when the founders wrote the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,...." The context here has to mean that any religion that requires its followers to violate the rights of other humans cannot receive judicial sanction as a rights compatible religion and must be exempted from the first amendment. The reason is plain: a rights protecting society and a rights violating religion are incompatible.
To hold that a rights violating religion should have the same legal status as rights compatible religions is to ignore the purpose of law: to protect individual human life in a social context. It is astonishing that these 4th Circuit Justices cannot see this. (The truth is that they are blinded by their previous acceptance of an out of context notion of the concept 'discrimination', a topic for another day)
I understand that not all Muslims seek to kill infidels. But the fact remains that all the major religions have repudiated their more violent and brutal pasts, except one, Islam. Plus, their bible, the Koran, orders them to lie to all infidels to gain their confidence then kill them. So how can we infidels trust them? By what standard? For those Muslims already here however, it has to be the principle of assuming innocence until proven guilty.
But in my view, those seeking to come here anew to establish Sharia law must be turned away. It is an admission of wanting to overthrow the government. The attempt to establish Sharia Law here in the US should be grounds for deportation or imprisonment for the same reason as an attempt to overthrow the government.
The second major context dropping is accepting a principle, moral or political, out of the context of rights protection. For example, if you accept the principle 'honesty is the best policy' without ever putting it in context, it can hurt you. A thug breaks into your house and demands your wallet. Then asks 'do you have any more'? You say 'yes, $300 in the second dresser drawer under the socks.' He takes it and leaves. Your honesty just cost you an extra $300. Loyalty to the virtue of honesty here leads to the destruction of life values, not their survival. In this context honesty was the worst policy.
And so it is with immigration. Allowing massive amounts of unvetted, uncontrolled immigration the pretext that immigration is always a moral virtue regardless of any hostile intentions by those immigrants is risking suicide. I contend there are contexts in which immigration needs to be supervised or controlled like in war or at least vetted for diseases if coming from a stricken nation.
This leads to the third evasion of context: treating immigration as though it were exclusively a domestic policy issue. It is also a foreign policy issue which I wrote about here.
In that essay I imagined what I had hoped then President Obama would have said in his speech on immigration but didn't. One paragraph:
"We need to find out why our neighbors to the south are not creating the conditions in their nations that exist here in the US so their citizens don't have to come here to be free and prosperous. Again, this is something that needs to be discussed not only by our congressional houses but by the State Department as well. Foreign Policy is this Department's domain. It needs to be developing policies with perhaps incentives or even disincentives to be applied to and/or negotiated with our southern neighbors. This isn't happening right now. It will going forward."Although that paragraph was about immigration from our southern neighbors it applies to all immigrants. Yes immigrants have a right to their pursuit of happiness which includes the right to try and come here. Yes we are a nation of immigrants and need to stay that way. I'm all in favor of open borders but not from nations that have sworn "Death to America." Even though we did not declare war on them, the Muslims in Iran declared war on the U.S. long ago.
It was President Obama who first identified the 7 nations as terrorist hot spots that Trump wants vetted. But do you think if Obama had followed up with a ban from those nations the Democrat Party and news media would have gone hysterical like they are now? There would be not only silence but eager approval.
These 10 justices are engaging in blatant obstructionism and should be rebuked by the Supreme court. From the New's article:
"All 10 judges in the majority were Democratic appointees. The three Republican appointees dissented."That's all the evidence we need to know that these justices (and the Democrat Party and the news media) have no interest in law, justice or individual rights.