Noah Feldman writes: Is Donald Trump trying to throw his own Supreme Court case? The president’s bid to be the Shoeless Joe Jackson of high-court litigation took a big step forward with an astonishing series of early-Monday-morning tweets. He insisted on calling his executive order restricting travel from six majority-Muslim countries a “travel ban,” denounced his own Department of Justice for watering down the original order, and — incredibly — called for strengthening the ban, presumably after the court has upheld the revised order.
All four tweets will be quoted by opponents of the travel ban. All four substantially strengthen the case for blocking the order as unconstitutional. Taken together, they amount to a nightmare scenario for the office of the solicitor general that must represent the president in court. Short of actually saying that the point of the order was to express anti-Muslim animus, there’s not much Trump could have done to weaken his case more. [Continue reading…]