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67 Emory L.J. Online 2001 (2017-2018)

handle is hein.journals/emyon67 and id is 1 raw text is: POLITICS!? OF COURSE! A REFLECTION ON WASHINGTON V. TRUMP Paul Babie* ABSTRACT Were the decisions in Washington v. Trump political? Of course they were! While some may not care to admit it, President Trump correctly identifies-albeit for the wrong reasons-the political nature of the decisions. Rather than rendering them illegitimate, as the President suggested, the political nature of the District Court and Ninth Circuit Court of Appeals decisions is the very essence of their legitimacy and validity. This Essay explains why. We all know now, though the thought was once generally considered a heresy, that courts legislate in the process of developing the common law.I I. WASHINGTON V. TRUMP On January 27, 2017, acting pursuant to section 212(f) of the Immigration and Nationality Act of 1952 and 3 U.S.C. § 301, President Donald Trump signed Executive Order 13769 (EO 13769), entitled Protecting the Nation from Foreign Terrorist Entry into the United States.2 Among other things, EO 13769 suspended the United States Refugee Admissions Program for 120 days, restricted admission of citizens from seven Muslim-majority countries for ninety days, ordered a list of countries for entry restrictions after the initial ninety days, suspended admission of Syrian refugees indefinitely, and prioritized refugee claims by individuals from minority religions on the basis of religious-based persecution.3 The initial effect of EO 13769 resulted in the detention of people who were previously approved to travel to the United Adelaide Law School, The University of Adelaide. Robert L. Hale, Commissions, Rates, and Policies, 53 HARV. L. REv. 1103, 1143 (1940). 2 Exec. Order No. 13769, 82 Fed. Reg. 8,977 (Jan. 27, 2017). The order was promulgated pursuant to the Immigration and Nationality Act of 1952, 8 U.S.C. §§ 212(e) (2012). 3 Exec. Order No. 13769, 82 Fed. Reg. 8,977, 8,978-80 (Jan. 27, 2017).

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