[Ed. – This was the basis for the courts accepting the state challenges in Hawaii and Maryland, and thus blowing up the actual, black-letter provisions of the U.S. Constitution for presidential authority. Think I’m kidding? Read on.]
But the court went even further, holding that the state had an interest in preventing its citizens from feeling “marginalized” and that the state’s citizens had a right to be free of a government message disapproving of their religion. To protect the feelings of some citizens, that shopkeeper in Raqqa — and therefore all Syrians everywhere — should be freed from the temporary travel ban.
Doubt me? The state of Hawaii argued that it had standing to challenge the president’s temporary travel ban because:
The Executive Order subject[s] citizens of Hawaii . . . to discrimination and marginalization while denying all residents of the State the benefits of a pluralistic and inclusive society. Hawaii has a quasi-sovereign interest in “securing its residents from the harmful effects of discrimination. . . . The Order also harms Hawaii by debasing its culture and tradition of ethnic diversity and inclusion.
The court granted an individual citizen standing to sue in part because he was “deeply saddened by the message [the executive orders] convey.” (Even a more careful and more-limited Maryland district-court decision granted standing to mount an establishment-clause challenge in part because one plaintiff said the order caused him “stress and anxiety.”)