Courts struck down the Muslim Ban based on Trump’s demonstrated anti-Muslim intent
Evidence
In response to litigation challenging the legality of the Muslim Ban, Trump issued a revised executive order in March that reiterated the national security justifications, removed some countries, and narrowed its application to exclude only nonimmigrants applying for a visa. However, courts rejected the revised version because Trump’s anti-Muslim statements during his presidential campaign, coupled with his advisers’ admissions, demonstrated that his intent was not to protect the nation from security threats but rather to exclude Muslims from the United States. — Sahar F. Aziz, The Racial Muslim, 917
Categorization
- XREF: Connects to the legal finding that discriminatory intent, not pretext, determines constitutionality of facially neutral policies. — connects to: Mass Muslim-led labor strikes forced courts to block the ban.; Trump’s first executive order enacted the Muslim ban and suspended Syrian asylum indefinitely
- ADDENDUM: The courts’ willingness to look past national-security pretext to find intent parallels how the immodesty moral panics in the essay were often class/identity signaling beneath moral language.