Mission Statement: This blog reviews the news of the day in light of 242 years of American history. "Nationalism," a modern day pejorative, has been our country's politic throughout history, until 2008. Obama changed that narrative. Trump is seeking a return to our historical roots. Midknight Review supports this return to normality.
The 9th Circuit ignores the law as it conspires to establish its own will when it comes to immigration policy.
Washington Post: There is absolutely no precedent for courts looking to a politician’s
statements from before he or she took office, let alone campaign
promises, to establish any kind of impermissible motive. The 9th Circuit
fairly disingenuously cites several Supreme Court cases that show “that
evidence of purpose beyond the face of the challenged law may be
considered in evaluating Establishment and Equal Protection Clause
claims.” . . . . . . The 9th Circuit’s ruling Thursday throws open a huge door to
examinations of the entire lives of political officials whose motives
may be relevant to legal questions. This introduces more uncertainty and
judicial power into legal interpretation than even the most robust use
of legislative/administrative history. Without a clear cutoff at
assumption of office, attacks on statutes will become deep dives into
politicians’ histories.
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