Northwestern Law Prof.: ‘Extremely Dangerous’ 9th Circuit Court Weighed Trump’s ‘Psychology’ in Decision

EXCERPT:

KONTOROVICH: "It's not just out of line, it's absolutely unprecedented and extremely dangerous. When you look at the legality of a law or an executive order, you look at what the thing actually does or says. Now sometimes you can actually look at the circumstances of the legislative history, the process behind what it was made. But what they're really looking at is the psychology of the president. And what they're essentially saying is a measure that could be completely lawful if it was taken by President Obama, for example, President Trump is simply not authorized to make. And that risks basically disbarring the chief executive from controlling large parts of immigration policy."