President Donald Trump began the week with a barrage of early-morning tweets blasting the courts for blocking his travel ban executive order. But in doing so, he may have just made it more likely that the courts will keep blocking the ban.<\/p>\n
People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!<\/p>\n
\u2014 Donald J. Trump (@realDonaldTrump) June 5, 2017<\/p>\n
The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C.<\/p>\n
\u2014 Donald J. Trump (@realDonaldTrump) June 5, 2017<\/p>\n
The Justice Dept. should ask for an expedited hearing of the watered down Travel Ban before the Supreme Court \u2013 & seek much tougher version!<\/p>\n
\u2014 Donald J. Trump (@realDonaldTrump) June 5, 2017<\/p>\n
In any event we are EXTREME VETTING people coming into the U.S. in order to help keep our country safe. The courts are slow and political!<\/p>\n
\u2014 Donald J. Trump (@realDonaldTrump) June 5, 2017<\/p>\n
These tweets followed upon several from over the weekend about the ban and the terrorist attack in London, including this one from Saturday evening:<\/p>\n
We need to be smart, vigilant and tough. We need the courts to give us back our rights. We need the Travel Ban as an extra level of safety!<\/p>\n
\u2014 Donald J. Trump (@realDonaldTrump) June 3, 2017<\/p>\n
In January, Trump signed an executive order banning nationals from seven Muslim-majority countries from entering the United States for 90 days, as well as halting the refugee resettlement program for 120 days (and indefinitely for Syrian refugees). When the courts blocked it, rather than appeal to the Supreme Court, Trump signed a modified version of the order. The new ban repealed the old one, reduced the number of banned countries from seven to six, and added exceptions and waivers. Still, federal courts in Maryland and Hawaii blocked it, and now the Justice Department has appealed to the Supreme Court to have this second version of the ban reinstated.<\/p>\n
The biggest question in the litigation over the ban is whether the courts should focus solely on the text of the order or also consider Trump\u2019s comments from the campaign trail, and even during his presidency, to determine whether the order uses national security as a pretext for banning Muslims from the country. The president\u2019s lawyers argue that the courts should focus on the text of the order and defer to the president\u2019s authority over national security. Trump\u2019s tweets Monday morning and over the weekend make it harder for the courts to justify doing that.<\/p>\n
The travel ban is supposed to be a temporary remedy until the government can review its vetting procedures. But Trump\u2019s tweets make it appear that the ban itself is his goal. Trump repeatedly and defiantly uses the word \u201cban\u201d when his administration has instead sought to call it a pause.\u00a0<\/p>\n