Unless District Judge Derrick Watson of Honolulu is a really, really fast judge when it comes to thinking on and writing up rulings, he had this one locked and loaded in his chamber for at least a week or so. Perhaps since the very day the revised executive order on the travel ban came out. That’s because his 43 page ruling was delivered about two hours after a request for a temporary restraining order by the State of Hawaii. Now that’s fast!

And rather than dithering on silly things like possible economic harm to the great state of Hawaii – although that was part of the request, naturally – he went straight to the heart of the matter. He doesn’t like what Trump said during the campaign about banning Muslim migrants to America. Religious animus. Get used to those two words. If Judge Watson and his colleagues in the 9th circuit and elsewhere have their way, religious animus and the Establishment Clause (Congress shall make no law respecting an establishment of a religion, or prohibiting the free exercise thereof …) shall be the main litmus test for any policy that has anything to do with immigration.

Animus is defined as either:

  • hostility or ill-feeling OR
  • the motivation to do something

But don’t let’s stop there, please. According to Carl Jung’s analytical psychology:

The anima and animus can be identified as the totality of the unconscious feminine psychological qualities that a man possesses, OR the masculine ones possessed by a woman …

There can therefore only be one conclusion if you follow Judge Watson’s logic – which is that Trump, while campaigning, had betrayed religious animus in both senses of the word towards Muslims everywhere on the planet and the travel ban must be stayed forever. And that conclusion is: the woman in Trump is an islamophobe.

Silly you say? Well yes, it kinda is. Isn’t it?

Because the notion that the revised travel ban is unconstitutional cannot stand on any true legal ground. So why bother? Go straight for Jung. Use psychology. Use media stories, headlines, and soundbites. Because that is the raw data that Judge Watson’s ruling is grounded on. Wallow in Trump’s animus. Maybe surf?

But leaving the waters of psychology and returning to the law, even a passionate Trump critic like David Frum – writing in The Atlantic – clearly recognizes that Judge Watson is essentially globalizing the First Amendment as Frum puts it. Provided that any religious group has adherents residing (legally?) in the U.S. then they are afforded constitutional protections. American constitutional rights.

But should this judicial overreach shock? Isn’t it merely identity politics celebrated by activist, progressive law making? Isn’t that what any progressive wants? The First Amendment everywhere? Or at least using the First Amendment as an excuse for identity politics: Trump white male bad; Unvetted Muslims in Syria good. Isn’t that what the U.N. – shameful hypocrites – claim they want? A district judge in Hawaii can save the world from President Trump!

Maybe not. This is headed to the Supreme Court. And in the end, this decision will be found wanting. Legally. Constitutionally. And psychologically.

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