This excerpt from Bloomberg. What I don't understand is this. The Hawaii judged cited Trump's campaign statements about a Muslim ban for his ruling. However, Obama pledged over and over and over again that the individual mandate was NOT a tax but a penalty. Judge Roberts of SCOTUS fame, made Obamacare legal because he claimed it was not a penalty, but a tax and therefore Constitutional. How can one judge look at campaign statements and SCOTUS look at Presidential statements and draw two very different conclusions?
Much like the fight over Trump’s first (and now-withdrawn) order, the hearing will likely center on whether Trump’s campaign promise to enact a “Muslim ban” betrays the stated purpose to keep the country safe.
That’s “really the $64,000 question,” said Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute, a Washington-based libertarian think tank. “The whole thing is clouded by how this was rolled out.”
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Courts have split on whether to consider Trump’s words on the campaign trail. A Hawaii judge who also blocked the order said a “court will not crawl into a corner, pull the shutters closed and pretend it has not seen what it has.” But a Virginia judge said he’s not going to look to Trump’s comments as a candidate and “psychoanalyze the president” for his motives in drafting the ban.
Much like the fight over Trump’s first (and now-withdrawn) order, the hearing will likely center on whether Trump’s campaign promise to enact a “Muslim ban” betrays the stated purpose to keep the country safe.
That’s “really the $64,000 question,” said Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute, a Washington-based libertarian think tank. “The whole thing is clouded by how this was rolled out.”
For more politics coverage, subscribe to the Bloomberg Politics Balance of Power newsletter
Courts have split on whether to consider Trump’s words on the campaign trail. A Hawaii judge who also blocked the order said a “court will not crawl into a corner, pull the shutters closed and pretend it has not seen what it has.” But a Virginia judge said he’s not going to look to Trump’s comments as a candidate and “psychoanalyze the president” for his motives in drafting the ban.