Some religious liberty groups are sitting out the “travel ban” case. I think they’re right, and that Christian Legal Society and National Association of Evangelicals summarize why they’re right:
The CLS and NAE said the courts should decide whether the government intentionally discriminated against Muslims. If so, then the order is unconstitutional.
In their shared legal brief, however, the CLS and NAE remain agnostic about the president’s motives. CLS board member Carl H. Esbeck said it was outside the scope of their group to decide whether the president meant to discriminate against Muslims or Islam.
But, mirabile dictu, one group weighed in:
Not all groups were unwilling to choose a side. Those supporting the ban included the American Center for Law and Justice, a conservative Christian group led by Trump’s personal lawyer Jay A. Sekulow. ACLJ made the argument in a brief that the order is constitutional; the purpose of the order, it argues, is to protect national security by keeping out “foreign terrorists.”
That’s just as wrong as if CLS and NAE had claimed to know that the Order was to fulfill Trump’s promise to ban Muslims. But what do you expect: Jay Sekulow wears two hats, which probably is disclosed in ACLJ’s brief but won’t go unnoticed by SCOTUS even if it isn’t.
UPDATE: Here’s my source for the overall story, which I omitted inadvertently. Also, to clarify, “sitting out” doesn’t mean not filing Amicus briefs at all. These groups do have an opinion on how the court should approach the case (two leading groups called for remand to lower courts for further development), but not on the final outcome.
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Reality is that which, when you stop believing in it, doesn’t go away.
(Philip K. Dick)
The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.
(Sir James Fitzjames Stephen)