The biggest issue when State of Washington & State of Minnesota v. Trump gets to the Supreme Court is to balance your traditional deference to Executive authority with the need to affirm judicial authority. Deferring to the Executive is perfectly reasonable in a country of some 300 million people, But the President’s many recent attacks on the judiciary make it necessary for you to assert your authority at this time.
I propose that you strike down the ban and uphold your authority.
- The specifics of the ban do nothing to make the country safer. The protocols previously in place did an excellent job of that.
- In light of the President’s contempt for the judiciary, if you don’t strike down the ban, you will look like a bunch of Executive lapdogs and your Court will be reduced from a co-equal branch of government to a mere rubber stamp.
- Once you strike down this Executive Order, you’ll have a free hand to do what you think best in the future.