Trump’s travel ban to be tested

It goes to appeal today.

President Trump’s revision of his controversial executive order imposing a travel and refugee ban on certain countries will get an important legal test on Monday, when a federal appeals court in Virginia weighs whether the administration overstepped its authority.

At issue is whether the ban violates the Religion Clause of the First Amendment, the Due Process Clause of the Fifth and 14th Amendments, and the ban on nationality discrimination in the issuance of immigrant visas contained in a 65-year-old congressional law.

The case will be a major test of presidential power, especially in the area of immigration.

I have a couple of questions. Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was issued by President Trump on from January 27, 2017. It suspended entry from certain countries for 90 days so that new vetting procedures could be put in place.

January 27 was 101 days ago. That means had the original order not been blocked, it would have expired by now. Presumably, the new vetting procedures should have been in place 11 days ago.

If the vetting procedures were implemented as planned, why isn’t the status of the executive orders moot at this point? If the new vetting procedures are not in place, why aren’t they? The whole point was that they would be in place after 90 days.

I don’t know. Do you ever get the feeling you are just watching Kabuki Theater?