The president’s first order was not invalidated because it was invalid. It was invalidated by an outrageous political maneuver disguised as a judicial decision by the Ninth Circuit federal appeals court. Yet government lawyers — especially the law-and-order, have-faith-in-the-system types — can’t help themselves. They see litigation as a high-minded chess game, winnable by reasoned strategy: Look at what the court said the infirmities were, address them, and then take another crack at persuading the tribunal....snip...
The Ninth Circuit struck down the first executive order not because it transgressed the theoretical constitutional rights of lawful permanent-resident aliens, immigrant visa holders, or state universities. The judges struck it down because they are the political Left. This had nothing to do with law. The Left has a policy objection to the notion of subjecting Muslims to heightened immigration scrutiny, because it has a policy objection to government recognition of the nexus between Islamic scripture and terrorism committed by Muslims.The emphasis is mine. Think about that, though. The Left has a policy objection to the Government's recognition of the nexus between Islamic scripture and Islamist Terrorism. Why would that be? Don't people on the Left have children who might be killed by terrorists? Or is it that they don't care about anyone's life? And if they don't care about anyone's life, including their own, then what has all this so called "caring" been about? You remember, the climate, people starving in the streets, people dead in the streets? The hand wringing about the homeless? And if they really don't care about people committing bloodiy murder, what was all the gun grabbing for? If Newtown had been committed by an Islamic terrorist, would that have made it alright? The Aurora theater? Gabby Giffords? Is Major Hasan Nidal the only one where the Left was happy because he hollered "Alahu Akbar!" before he started murdering unarmed people?
It seems so.
Of course it is unfortunate that innocent, pro-American Muslims have to be put through more paces than other aliens. But it is not quite as unfortunate as the incontestable fact that inadequately vetted Muslims commit mass-murder attacks. While some of the innocent, pro-American Muslims will resent the heightened scrutiny (though many will see the need for it), those who are eventually admitted to our country will be safer because of it — a matter of no small consequence since peaceful Muslims, more than any other group, are killed and persecuted by jihadists and other sharia supremacists. In any event, though, the security burden has to be imposed on someone, and as between Americans and aspiring Muslim immigrants, it is less the responsibility of Americans than of alien Muslims that Islam endorses war and conquest. We didn’t create this problem.
This is the vetting that the Left and the courts are determined to prevent. They would have you believe that the Constitution is a suicide pact: that alien Muslims somehow have a First Amendment establishment-clause right against enhanced inspection; that an immigration system that has always vetted against totalitarian political ideologies cannot vet against this one, sharia supremacism, because it shrouds itself in religion.
So forget the executive orders. This is the ground on which the Left has to be defeated. We will never get there by denying that Islam is the heart of the matter.