Judge’s Ruling that New Executive Order to Keep America Safe Violates the Establishment Clause is “Fundamentally Flawed” | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Judge’s Ruling is “Fundamentally Flawed”

By Jay Sekulow1489629876519

A federal district judge in Hawaii has just issued a Temporary Restraining Order (TRO) blocking the key provisions of the President’s revised Executive order that pauses the refugee program and admittance of foreign nationals from 6 terrorist hotbeds (Syria, Iran, Sudan, Libya, Somalia, and Yemen) until thorough vetting can be put in place.

The court disturbingly ruled that these two provisions – pausing refugees and foreign national entry from 6 nations – target Muslims and violate the Establishment Clause.

The court created a constitutional crisis where none existed. The court’s Establishment Clause analysis is fundamentally flawed and ignores the separation of powers. Worst of all, it puts our national security at risk.

As the Supreme Court has rightly held, the United States Constitution is “not a suicide pact.”

As I explained earlier this week when we filed our amicus brief with the court in this case, the order in no way violates the Establishment Clause:

First, the Executive Order (EO) does not even address religion, whatsoever. Second, the order has a secular purpose: our national security. As we explained:

“The EO, on its face, serves secular purposes, and no amount of rehashing of miscellaneous campaign trail commentary can change that. . . . [T]he mere suggestion of a possible religious or anti-religious motive, mined from past comments of a political candidate or his supporters, and intermixed with various secular purposes, is not enough to doom government action (along with all subsequent attempts to address the same subject matter). ‘[A]ll that Lemon requires’ is that government action have ‘a secular purpose,’ not that its purpose be ‘exclusively secular,’ and a policy is invalid under this test only if it ‘was motivated wholly by religious considerations.’ Lynch v. Donnelly, 465 U.S. 668, 680-81 & n.6 (1984) (emphasis added).”

The order singles out no religion for favor or disfavor. To conclude otherwise is unreasonable, and absurd. The six countries whose nationals are impacted by the pause were countries identified by President Obama and Congress as countries of particular concern. Policy disagreements, hurt feelings, and political agendas are not enough to support an Establishment Clause claim.

The court’s flawed order will invariably be appealed, and we will be ready to file crucial amicus briefs once again in federal appeals court.

The fact remains, the Executive order is a lawful exercise of the President’s constitutional and statutory authority to keep America safe from terrorism. We are now working around the clock, preparing new briefs. This case will go to the Supreme Court.

Defend Our National Security from Jihad

National Security  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As we aggressively fight to protect our national security and Christians, we urgently need your support. Defend America & Christians today.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Save this card for future donations.
Enter a password to create an account or login to ACLJ.org‏ (Not Required)
Receive the latest news, updates, and contribution opportunities from ACLJ.


Please encourage your friends to sign and donate by sharing this petition.

Hawaii Judge Blocks National Security Efforts

By Edward White1508373930660

The same Hawaii federal judge who blocked President Trump’s National Security Executive Order from going into effect has blocked the President’s recent Proclamation to begin enhanced vetting procedures of foreign nationals seeking entry into the United States. Judge Derrick Watson, appointed by...

read more

Supreme Court Dismisses Case Against Executive Order

By Edward White1507818016248

Yesterday evening, the United States Supreme Court dismissed Trump v. International Refugee Assistance Project , one of the two cases challenging President Trump’s National Security Executive Order. This is an important step toward a victory for our national security. The Executive Order, issued on...

read more

New Proclamation on Enhanced Vetting Procedures

By Jordan Sekulow1506375159884

The President of the United States just issued a Presidential Proclamation beginning enhanced vetting procedures of foreign nationals seeking entry into the United States. This proclamation fulfills the promise of his March 6, 2017 Executive Order 13780 titled, “Protecting the Nation from Foreign...

read more

Blow to the Left: Refugee Pause Restored

By ACLJ.org1505248479471

Justice Kennedy just issued an order restoring another part of President Trump’s Executive Order to protect the nation from foreign terrorist entry into the United States : the 120 day pause on all refugees. In March, President Donald Trump issued Executive Order 13780, which has two components: 1)

read more