Daily Signal: Judge Warns 9th Circuit’s Use of Trump Campaign Pledge ‘Judicial Psychoanalysis’ (In the News)

Daily Signal: Judge Warns 9th Circuit’s Use of Trump Campaign Pledge ‘Judicial Psychoanalysis’

By Fred Lucas

A federal judge is raising an alarm about “judicial psychoanalysis” resulting from the 9th U.S. Circuit Court of Appeals ruling on President Donald Trump’s executive order…

Applying campaign statements when interpreting law “sows chaos,” said Judge Alex Kozinski, who has been on the 9th Circuit since 1985, in his dissent…

The 9th Circuit majority cited three Supreme Court cases displaying precedent that “evidence of purpose beyond the face of the challenged law” can be applied in interpreting the intent of a measure…

However, those cases pertained to deliberations in making the law rather than campaign promises, noted Bradley Smith, chairman of the Center for Competitive Politics, a group that opposes restrictions on campaign speech.

“It’s definitely unusual for judges to use campaign statements to define whether an action is constitutional,” Smith, a former chairman of the Federal Election Commission, told The Daily Signal. “I doubt it would chill campaign speech, but it is a dangerous path. This could be very selectively enforced for candidates that use shorthand or off-the-cuff remarks. Already political discourse is too scripted. If this becomes a precedent, it will mean no spontaneity and pure teleprompter.”