Will U.S. Courts Want To Know How A U.S. President Makes National Security Decisions?

People participate in a protest against U.S. President Donald Trump's immigration policy at the Jewish Rally for Refugees in New York City, U.S. February 12, 2017. REUTERS/Stephanie Keith

Reuters: Courts likely to probe Trump's intent in issuing travel ban

Washington state’s attorney general has promised to uncover "what truly motivated" President Donald Trump's executive order on immigration, an approach that could prompt a rare public examination of how a U.S. president makes national security decisions.

The presidential order imposed a temporary ban on travelers from seven predominantly Muslim countries, but a federal judge has barred enforcement of the order while the court considers a challenge brought by Washington state.

On Thursday, the U.S. Court of Appeals for the 9th Circuit left the judge’s ruling in place without deciding the ultimate merits of either side’s arguments. In its decision, the 9th Circuit cited a previous case establishing that “circumstantial evidence of intent, including … statements by decisionmakers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.”

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WNU Editor: Years ago I would have laughed at what this Washington State attorney general wants to do ..... but after last weeks decision by one judge to suspend what has always been perceived as the domain and responsibility of the U.S. President and not the courts (i.e. foreign policy and borders) .... who knows what this may lead to. There is court over-reach .... and then there is waaaayyyy court over-reach. The idea that  judges may become the ultimate arbitrator when it comes to making decisions on national security, foreign policy, borders, etc. .... wow .... as I said before .... if this becomes the norm on how the U.S. makes these decision .... it is not going to end well.