I’ve shown my opposition to President Donald Trump clearly in some previous columns, and I planned on focusing strictly on employment law this time. But then the federal judge in Hawaii who issued a temporary restraining order on the administration’s travel ban illustrated what courts in employment cases should—but choose not to—do.

What caught my eye was how the judge allowed Trump’s words as a presidential candidate to buttress the challengers’ claims that the travel ban was an unconstitutional religious test on entry to the U.S.

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