Kirata
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Whatever your views on the subject may be, Robert Barnes, a California-based trial attorney, argues that Trump's order will stand in the end.
On Friday, a Boston federal judge issued a 21 page decision debunking the arguments against Trump’s Executive Order suspending migration from certain countries pending further review. Later that same day, a Seattle federal judge who has been making the news lately (and not usually for the most flattering of reasons), declared his oral intention to sign an order limiting some aspects of the executive order. In the courtroom, whose position is likely to ultimately win?
Just a quick review of the two written orders can tell you which one is likely to win. The Boston judge cited a wide range of precedents for his decision in his detailed written order. The Seattle judge issued a short order devoid of almost any reference to any precedent, which is the “evidence” for lawyers on the law. Add in comments made by the Seattle judge verbally, and if any aspect of that is correct, the Seattle judge’s opinion will lose, and Trump’s position will win.
Both judges appeared to reject the position of many critics: both appeared to reject the position the First Amendment prohibits the order; both appeared to reject the position the Fifth Amendment prohibits the order; both appeared to reject the position that Congressional statutes prohibit the order. Both appeared to reject claims the order discriminated on the basis of speech or religion in any way that immigration law precludes or forbids. Instead, both agreed all that mattered is whether the laws had a “rational basis.”
Here is where the Boston judge and the Seattle judge appeared to disagree. According to reports of what was said at oral argument in Seattle, the Seattle judge believes rational basis review requires the law-making branches of government “prove” with “facts” presented in court that their position is the correct one. As the Boston judge noted, this interpretation of the law — inviting the judicial branch to replace the elected branches of government — is directly contrary to precedent. This is why the Seattle judge’s opinion is likely to lose out ultimately, and Trump’s will prevail.
As the Boston judge explained, the Supreme Court provided that rational basis review merely means the law “bears some fair relationship to a legitimate public purpose.” The Supreme Court made clear rational basis review “is not a license for courts to judge the wisdom, fairness or logic of legislative choices.” Immigration law includes a “delicate policy judgment” courts must not invade, as the Supreme Court itself said, and the Boston judge reiterated. As the Ninth Circuit reiterated, “we defer to the political branches in the immigration field.”
More at the link.
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Trump's immigration order and the courts - 
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