What part of judicial activism dont you get?
He's trying to determine intent from past rhetoric. Rhetoric means zero in regards to constitutionality. This judge needs to get the F off the bench. He's a disgrace and an asshole.
Intent from past rhetoric?
Like when Stephen Miller, the President’s senior policy adviser, recently said that the new ban would have “mostly minor technical differences†from the previous one, and that Americans would see “the same basic policy outcome for the country.â€
Like when the President recently said that he was persuaded to sign a "watered down version" of the first Muslim travel ban, or when he said that, "I think we ought to go back to the first one and go all the way".
The Hawaiian federal judge isn't the only one, there's one in Maryland and Washington.