Racialized claims of terrorist harm weight legal balancing tests against Muslims.

Evidence

Using the elements, the plaintiffs argue that the irreparable harm that would result if the injunction were not issued is the fomenting of jihad in the community. If that spectacular claim is given credence, it is impossible to argue that the harm to the opposing party, which is merely delay, additional economic costs, and loss of reputation, is greater. After all, what could possibly be more grievous than Islamist terrorism in a community? — Cyra Akila Choudhury, Racecraft and Identity in the Emergence…, 350

Categorization

  • XREF: Connects to prior chapter claims that anti-sharia litigation stripped Muslim legal enforceability (ch44) and lawmakers criminalized mosque attendance (ch46); this shows the mechanics inside one hearing. — connects to: National security law legally overrides protections against racial profiling of Muslims — Deepa Kumar, Islamophobia and the Politics of…, 552; Litigants weaponized court proceedings to spread anti-Muslim racist tropes — Cyra Akila Choudhury, Racecraft and Identity in the Emergence…, 345; The War on Terror racially constructed Muslims as terrorists. (+11 more)

Broader Connections