04-25-2018, 04:44 PM
(04-25-2018, 04:02 PM)PhilHos Wrote: And I'm saying they shouldn't factor into the decision if a law is constitutional or not. If there's nothing wrong with the wording or the perceived effects of the law, then a judge should not be able to overturn it.
The effects of the law clearly discriminates against Muslims. The WH tried to argue that that was just a "side effect" and not the "true intent" of the travel ban. But the Presidents language was pretty clear that it was intended to discriminate against Muslims based on their religion.
"Intent" is very important when judging the Constitutionality. For example many states that do not want abortion to be legal try to ban it by overly restrictive regulations. The Courts have found that regulations that are claimed to be based on legitimate public safety concerns but are actually just attempts to end abortion are not valid
