THE DEATH OF AMERICAN JURISPRUDENCE

​The majority opinion in the Fourth U.S. Circuit Court of Appeals rejecting the president’s request to reinstate his limited executive order on immigration borders on derangement. Chief Judge Gregory’s opinion states that the order, “drips with religious intolerance, animus and discrimination.” This is preposterous; it is not a legal judgment, it is fulmination of a deeply biased judge expressing a dangerous, personal opinion contaminated by animus towards Donald Trump.  Basing a decision on statements made by a candidate during a political campaign and the comment by a political partisan of the candidate (Rudy Giuliani) on the ideas of the candidate is a concept not found anywhere in American jurisprudence. Not only must this decision be overturned, Judge Gregory should be sanctioned. He ought to be removed from the bench but clearly that is not possible in these parlous times. It is nearly 65 years since I graduated from the University of Chicago Law School, 64 since my admission to the Illinois bar, 40 since my admission to the California bar, and 14 since my admission to the Bar of the U.S. supreme Court. Never in all these years have I heard of any opinion by a major American court so poisoned by a personal, emotional outpouring.