06-26-2018, 05:40 PM
Reading the different reactions to the Trump v Hawaii decision, I’m really struck how the 4 dissenting justices, and the anti-Trump segment of the public, seems convinced that the Exec. Order(s) should have been struck down explicitly because Trump’s motives were unacceptable/racist/offensive/etc.
Questions: prior to this case, has any SC justice or lower federal judge — whether writing for the Court or in dissent/concurrence — ever held that the personal motivations that gave rise to an act of presidential authority were a justiciable issue? Put another way, has any federal judge ever claimed that an action which was otherwise valid, or potentially valid, could nevertheless be struck down as null/void based on the president’s motives for taking that action?
Questions: prior to this case, has any SC justice or lower federal judge — whether writing for the Court or in dissent/concurrence — ever held that the personal motivations that gave rise to an act of presidential authority were a justiciable issue? Put another way, has any federal judge ever claimed that an action which was otherwise valid, or potentially valid, could nevertheless be struck down as null/void based on the president’s motives for taking that action?