It’s already become clear that the White House explicitly overrode a DHS determination that contended the ban didn’t apply to Green Card holders and other valid, vetted residents. The ACLU is reporting that some officials are not abiding by a number of stay order issued at courts in at least three locations.
As a legal instrument, at least one scholar sees this particular Executive Order as so incredibly flawed that it won’t stand up to a sustained legal attack by the ACLU, CAIR and others.
Most worrying though are the reports circulating that the drafting process bypassed the normal interdepartmental and legal review stages, and that DHS was only briefed on the content of the Executive Orders as they were being signed. This doesn’t sound like an administration that’s particularly worried about adhering to the letter of the law, or bringing a lot of people into the conversation. Not sure how that will stand up over time. Politics is often petty and vengeful, and the White House is already leaking like a sieve. It might be that their incompetence is what does them in. It may be that their unwillingness to share power will do it.
My personal feeling is that neither one will stop them. I think people severely underestimate the lengths that this administration will go to to see this through. When Donald Trump promised the people of America that he would never back down, that he would do everything to advance the cause… I think he was speaking literally. When Steve Bannon says that we’re at war with Islam, I think he believes it fervently. When Flynn and others portray their work as an existential fight, I think they’re sincere in that.
Left-leaning people and other opponents have mobilised quickly, but they’re expecting the administration to react the way they would react. They think that public shaming, legal action and political activism will drive Donald Trump’s administration back. I fear they’re wrong. They will be seen as traitors and subversives, and they’ll be treated accordingly, through formal and informal means. They don’t realise that their resistance will ultimately have to be physical. They should be reading up on their Thoreau right about now….