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Democracy Gets a Temporary Restraining Order Against Fascism as ACLU Lands Crucial Victory Against Muslim Ban

By Dustin Rowles | Politics | January 28, 2017 |

By Dustin Rowles | Politics | January 28, 2017 |

A federal court has ruled tonight that the executive order signed by Donald Trump last night effectively prohibiting Muslims from seven majority-Muslim countries from entering the country does not apply to those in-transit or those currently detained.

This is a big symbolic victory for the ACLU, and more importantly a real victory for those who were in the air when the executive order was put into place. The executive order was cruel and unconscionable, but particularly so for those who were already en route to the United States. It also means that no one will be deported.

Those protesting in airports around the country were ecstatic.

As were the hundreds of people in Brooklyn surrounding the courthouse where the decision was made.

It’s a temporary order, but even a temporary order would not be granted if there wasn’t a likelihood of success on the merits when the the case is decided permanently by a judge.

Big picture: It’s a crucial first step toward getting the Muslim ban completely tossed. It maintains the status quo at least until the courts can make a more determinative ruling on the ban as a whole. From a legal perspective, the executive order looks like horse-shit: A violation of the equal protection clause and the due process clause. It’s also unconstitutionally broad.

The hope is that this is the way the courts see it (and they should) and that a ruling on the executive order quickly makes it up to the Supreme Court, where I think even Chief Justice John Roberts and Justice Alito would look at the order and say, “The fuck?” if the ACLU can definitely demonstrate that a religious test is being used.

There will, however, be pushback, but from what I have seen — namely, that the executive order was crafted without the assistance of the State Department, or in consultation with any expert lawyers — the courts should eventually strike down the ban in full.

If it’s any consolation, Republican Susan Collins from Maine — one of those moderate Republicans who Democrats will need if it hopes to defeat Trump on this particular issue — denounced the ban earlier tonight.

“The worldwide refugee ban set forth in the executive order is overly broad and implementing it will be immediately problematic,” said U.S. Sen. Susan Collins, a Republican.

She said “it could interfere with the immigration of Iraqis who worked for American forces in Iraq as translators and bodyguards — people who literally saved the lives of our troops and diplomats during the last decade and whose lives are at risk if they remain in Iraq.”

More Republicans need to speak out.

In the meantime, donate to the ACLU. They’re the folks doing the work in court to ensure that Trump doesn’t continue to get away with violating civil rights of those in the country or those coming into the United States.

Dustin is the founder and co-owner of Pajiba. You may email him here, follow him on Twitter, or listen to his weekly TV podcast, Podjiba.

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