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. Have your gift DOUBLED today. Have your gift doubled through our Matching Challenge.

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.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.

What You Need to Know About the North Korea Agreement

By Wesley Smith1528920513933

The historic five-hour meeting between President Trump and North Korea’s Kim Jong Un ended with a signed agreement between the two leaders. It is not a treaty, as it does not contain any details as to implementation or a way forward in order to bring about the general goals in the signed agreement.

read more

The Complicated Hope of a Deal with North Korea

By Wesley Smith1528212074714

As the planned summit between the United States and North Korea was on, then off, and now on again, President Trump acknowledged that the phased dismantling of North Korea’s nuclear weapons program was a possibility. Many in the media latched onto this as a reversal of the President’s pledge that...

read more

Oral Argument in National Security Proclamation Case

By Edward White1525460400000

Last week, the Supreme Court of the United States heard oral arguments concerning the legality of President Trump’s National Security Proclamation . The Proclamation, issued in September, fulfilled the promise of President Trump’s March 6, 2017 National Security Executive Order. The March 6th...

read more

What We Need to Know About Negotiations with North Korea

By Wesley Smith1524153390228

It was revealed this week that CIA Director (and Secretary of State nominee) Mike Pompeo traveled Easter Weekend for personal talks with Kim Jong Un, the leader of North Korea. It was a surprising development, which comes as the United States and North Korea lay the groundwork for direct talks...

read more