The problem is not so much with this particular meaningless EO. The problems will start when something more serious happens – such as another terrorist attack on the US. Can you imagine the outcry of the country and the subsequent fallout on the Judiciary? It is guaranteed they will be portrayed as having “allowed this mayhem†to happen. It will put Trump in a perfect position to launch an all-out attack on the whole judicial system.
In fact, I am not all that sure that this whole thing isn’t just positioning by Trump in preparing for the inevitable. When a terrorist action happens, he’s politically clean and strategically empowered to make things a lot more unpleasant for a lot of people.
As with the 9/11 attacks, the damage done by the hijackers was not so much the lost lives and the destroyed buildings, it was the reaction of the country to those attacks. We paid for that overreaction with two incredibly expensive and pointless wars, the Patriot Act, the intrusive surveillance, and other fundamental and permanent changes to the way we live our everyday lives.
Most of that overreaction has been immeasurably more damaging than the attacks themselves. By ignoring the Constitution, by utterly dismissing statute 8 U.S.C. § 1182(f), by responding to Trump in this irrational manner, devoid of all consideration of the possible long-term consequences, we are dooming the country to repeating exactly the same mistakes.