As reporter Byron York points out above, the 4th Circuit Court of Appeals has upheld a block on President Trump's travel ban executive order by admitting that the court is NOT applying the law.
Writing for the majority in a 10-3 decision, Judge Roger Gregory writes, "If we limit our purpose inquiry to review of the operation of a facially neutral order, we would be caught in an analytical loop, where the order would always survive scrutiny." (emphasis mine).
But courts keep invoking Trump's campaign rhetoric in blocking the order.
While Trump remains a divisive figure among conservatives, Trump voters were united in wanting conservative nominees to courts across the land exactly for this reason.
So it is big news that the US Senate has confirmed President Trump's first lower court nominee: a conservative.
This is also why Senate Republicans are threatening to change a custom that allows Democratic senators to block some judicial choices from their states.