Trump’s Travel Bans—Look Beyond the Text

Imagine if a mayoral candidate promised repeatedly during a campaign that he would keep African-Americans out of the town, and then, upon election, adopted a policy barring entry from seven cities with populations that were 90 percent African-American. Suppose, further, that after that order was struck down, he issued a new one barring entry from six majority-black cities, and his aides stated publicly that it was only a technical adjustment. Would anyone doubt that the policy discriminated on the basis of race? Would we worry about chilling candidate speech? Substitute Muslim for African-American, country for city, and president for mayor, and you’ve got Trump’s executive orders.

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