Donald Trump’s racist Muslim ban has been defeated at every turn by the courts. Even after the executive order was revised and its language toned down, it was still ruled unconstitutional. The next step – which Trump and his team are already moving towards – is to present the case before the Supreme Court, in the hopes that the Justices will rule in Trump’s favor and reinstate the ban.
Trump’s proxies have tried to argue that the Muslim ban is not related to religion and is simply a “travel” ban. Their blatant lie is exposed by the fact that Trump himself repeatedly referred to it as a ban on Muslims during his campaign. Sean Spicer later tried to backtrack to reject even the phrasing “travel ban.” This position was reversed again today when Trump called it a travel ban in a tweet:
People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!
— Donald J. Trump (@realDonaldTrump) June 5, 2017
In the wake of the horrific terrorist attacks in London, Trump has taken to Twitter to peddle the ban. In further tweets, he admits that the current version is “watered down” and “politically correct.” Essentially, he’s admitting that his previous version was unconstitutional, so he revised it to hide its true intentions. A Supreme Court lawyer took to Twitter to troll him over the admission:
Its kinda odd to have the defendant in HawaiivTrump acting as our co-counsel.We don't need the help but will take it! pic.twitter.com/8ehqkLkOY2
— Neal Katyal (@neal_katyal) June 5, 2017
Neal Katyal is representing the state of Hawaii against Trump and is responsible for challenging the ban in court. He has the distinction of arguing more cases before the Supreme Court than any other minority lawyer in American history, which is to say he is far better equipped than Donald Trump to judge whether something is unconstitutional or not.
Since the lower courts have already ruled that outside comments made by Trump can be used to interpret the intention and legality of the Muslim ban executive order, it seems likely that these latest tweets could be presented in court, and greatly undermine Trump’s argument.
Katyal’s joke that Trump is acting as co-counsel against himself could prove to be prescient. Trump seems incapable of getting out of his own way. It’s likely that the ban would have been defeated in the Supreme Court anyway, but now it seems even more likely since Trump has accidentally outed himself.
Rob Haffey is a writer, filmmaker, and winner of the ScreenCraft Writing Fellowship. He is a graduate of Drexel University.