He said that it will be difficult for judges to decide on petitions for a TRO with “moral grounds” as basis. “Moral choice is not an element” in the Courts decision-making process on TROs, he said.
To this I will hide behind some of the giants of the US Supreme Court. To say that Moral choice is not an element betrays a lack of appreciation of how important the judgement of the Supreme Court is. The reason that the Constitution is a living document is that it assumes that there is an element of statesmanship within the three branches of government but probably foremost in the Supreme Court Justices because of their non elected status.