This is the sort of thing that I actually expected, given Trump’s history and statements. He’s never read the Constitution, he doesn’t care about it, and he doesn’t even care about the law. As Jonathan Adler writes, he may have hired “the best people” (and he does have many good picks), but he apparently relied on idiots for this:
Whatever one thinks of the underlying policy, the degree of administrative incompetence in its execution is jaw-dropping. . . .
Under normal circumstances, I believe that the policy embodied in the Trump EO is lawful under existing precedent and would survive judicial review. That is, I believe the executive branch may decide to identify specific countries from which immigrants and others seeking entry into the country must receive “extreme vetting” and that the President may order a suspension of refugees from particular places (as Obama did with Iraq in 2011). Despite some of the President’s comments during the campaign about wanting a “Muslim ban,” this EO does not come anywhere close to effectuating such a ban, as it largely focuses on countries that were previously identified as sources of potential terror threats.
I stress “under normal circumstances” because these are not normal circumstances. The cavalier and reckless manner in which this specific EO was developed and implemented will likely give judges pause — and with good reason. Courts typically give a degree of deference to executive branch actions under the assumption that polices are implemented after serious consideration of relevant legal and policy questions. Indeed, the more serious the government interest allegedly being served, the more serious one expects the government’s internal review to be (unless, of course, there are exigent circumstances necessitating immediate action, but that was not the case here).
I’d like to think that he’ll learn from this, but I doubt it. He completely lacks impulse control. The good news is that, at some point (particularly if he continues to ignore court orders), the real Republicans are likely to decide that Mike Pence will be a better president.
Meanwhile, while it was a huge screw up, it’s driven the Left completely around the bend:
Trump’s order is, in characteristic Trump fashion, both ham-handed and underinclusive, and particularly unfair to allies who risked life and limb to help the American war efforts in Iraq and Afghanistan. But it is also not the dangerous and radical departure from U.S. policy that his liberal critics make it out to be. His policy may be terrible public relations for the United States, but it is fairly narrow and well within the recent tradition of immigration actions taken by the Obama administration. . . . Trump isn’t making this up; Obama-administration policy effectively discriminated against persecuted religious-minority Christians from Syria (even while explicitly admitting that ISIS was pursuing a policy of genocide against Syrian Christians), and the response from most of Trump’s liberal critics has been silence.
And this is something I’ve been noting every day on Twitter:
If you are horrified by what you see Trump doing, is it because when Obama did things like that you just didn’t see? Or did everything look different because it was Obama doing them?
And yes, Obama is much more of a Big Brother figure than Trump could ever hope to be. But the Left is blind on this issue.
[Update a while later]
“Scrap this half-baked immigration order and start over“:
This isn’t anywhere close to rational anti-terrorism policy. This is, rather, incompetence and ignorance by a White House inexperienced in government and deliberately insulated from those with experience. If it is additionally tainted with bigotry or cruelty, that would make it worse.
“Half-baked” is too kind. The batter is still in the bowl.
[Update a few minutes later]
“The president tramples innocent people in his rush to fulfill an ill-advised campaign promise.”
[Late-morning update]
Separating fact from hysteria on the immigration order. There’s sure been a lot of hysteria.