Phyllis Bennis: Amazing developments tonight.
A federal court judge in Hawaii, just three hours before Trump’s Muslim Ban 2.0 was to go into effect, granted a temporary order halting the key components of the new Executive Order. The judge stopped the prohibition on entry of people from six Muslim-majority countries, stopped the four-month halt on refugee entrance, and reversed Trump’s effort to reduce the number refugees allowed into the US from 110,000 to only 50,000.
The ban of the ban applies across the entire country, and was based on a specific finding that this revised version of the earlier executive order was still designed to keep Muslims out of the US.
The judge’s language was extraordinarily hard-hitting, finding constitutional and legal violations in the executive order. Judge Derrick K. Watson found that “irreparable injury is likely” if the restraining order was not issued, and that “the balance of the equities and public interest” required him to halt the Executive Order.
Crucially, the judge also determined that Trump’s Executive Order was in fact designed to exclude Muslims. The 43-page opinion included extensive quotes from Trump and Trump aides, both from the campaign period and since the inauguration, making clear that a Muslim ban was the intention, and that it was based on a strong anti-Muslim animus.
On its own, the decision is incredibly important, protecting thousands of potential visitors to the US — vulnerable refugees and family members of lawful residents among them — from being excluded, with far-reaching, sometimes lethal consequences.
But beyond the individual impact of this determination, Judge Watson’s clear-sighted and forthright decision makes clear that US judges, as least some of them, are finding the critical courage and strength of character and support for the Constitution that is so vitally necessary in this dangerous moment. In recent years judges haven’t been tested by their willingness to stand up to a bullying, unconstitutional and out-of-control executive branch. They haven’t had to prove themselves brave.
Now, that test is emerging as the most vital determination of judicial independence and strength — and so far, with Judge Watkins ruling tonight, it is Justice 2, White House 0.
We stand with justice.