Yet it was sold as a Muslim ban by the administration, which is a major reason for San Francisco's federal appeal court to suspend it. The fact that it's not an effective Muslim ban is a different question.
> The fact that it's not an effective Muslim ban is a different question.
It is precisely the question. What the ban is is much more important that what it purports to be.
For example, if it purported to be a ban on terrorists but actually was as ban on Muslims (and I mean, a bonafide ban on all Muslims), would that not matter?
No, that would still be illegal, because a ban on Muslims is illegal. It is illegal to ban Muslims, and it is illegal to intend to ban Muslims. The latter reason is the one provided by the Ninth Circuit.
I don't see the comparison. One is criminalizing citizens having negative thoughts about an oppressive government. The other is prohibiting rulers from promising to discriminate against a religion and then passing a thinly-veiled bill to do so.
But the ACA mandate was supposed to be a mandate or a penalty, not a tax. The Supreme Court ruled that it looked like a tax and quacked like a tax, so it's legal as a tax.
Why can't the same principals be applied here? That the pitch and language of a rule aren't important, just the implementation.
>Yet it was sold as a Muslim ban by the administration
Do you have a source for this? There is so much political noise that the only place I've heard it is second-hand from people trying to avoid the contents of the actual executive order and block it based on feelings.
Giuliani said on national television that Trump asked him how he could legally ban Muslims. He boasted that he came up with the idea that banning countries would be legal because it's based on nationality, not religion. When asked why he didn't ban countries that we know sponsored terror attacks like Saudi Arabia, he said they have changed.
I don't see why the percentage of Muslims in the world is relevant. The internment of Japanese Americans in the 1940s certainly targeted Japanese people despite that being a small percentage of Japanese people in the world.
That's the weirdest Muslim ban I've ever heard of.