Last week, the U.S. Court of Appeals for the 9th Circuit upheld a nationwide temporary injunction on President Trump’s executive order relating to refugees and visas from seven Muslim-majority countries. The White House says it will not take the case to the Supreme Court, but is rather drafting a version of the executive order that administration officials believe will get past the courts. Perhaps. The unhappy reality is that the 9th Circuit Court’s decision and much of the debate surrounding the executive order partake not of logic and reason but rather issue from a form of politicized hysteria and judicial arrogance.

The 9th Circuit Court argued that “The Government has pointed to no evidence that any alien from any of the countries [Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen] named in the Order has perpetrated a terrorist attack in the United States.”