Before you rush to prejudge this article, the proposed injunction targeting the entire Muslim religion is intended to create anything from college ‘moot courts,’ to an authoritative battle royále in the U.S. Supreme Court. Such a legal action (a fantasy for now, of course) would open serious dialogue, with consequences; and dialogue is what is missing now in the War on Terror.
NOTE: The legal basis for targeting Muslims at large is their being defined as ‘inadmissible’ under 8 USC 1424 and 1182. One first has to establish that Islam is a Totalitarian political movement, and/or a Terrorist organization. One may argue that moderate Muslims are exempt, however any financial contribution to a mosque or Muslim organization, to having children who are Muslim and potentially activated as non-moderate are a clear and imminent danger to the U.S. and its constitution. Anyone of clear conscience and unbiased mind who reads the history of Islam, its Koran, and associated texts, can only come to one conclusion; Muslims are inadmissible to the United States, which extends to our President Obama, the son of a Muslim alien and admitted Muslim sympathizer.
Update — June 23, 2011 ‘Delta Airlines Adopts Saudi Airlines NO JEW Policy’ Read at http://www.wnd.com/?pageId=314309 My article following is Goose to the Gander!
Comment as of 02-13-2010 ………… The Detroit Free Press published an article reporting Muslims have declared a Fatwa against the new high-frequency scanners. http://www.freep.com/article/20100211/NEWS05/100211044/1001/NEWS/Airport-body-scanners-violate-Islamic-law-Muslims-say The Airlines need to ‘man up’ and challenge boarding anyone of Muslim name or place of origin. But, after Waggoner caved before the Obama administration, I doubt any American businessman has the ‘stones,’ nor do the public at large care until a bearded (or ritualistically shaved bomber) boards their airplane!
“It is apprehended that Jews, Mahometans (Muslims), pagans, etc., may be elected to high offices under the government of the United States. Those who are Mahometans, or any others who are not professors of the Christian religion, can never be elected to the office of President or other high office, [unless] first the people of America lay aside the Christian religion altogether, it may happen. Should this unfortunately take place, the people will choose such men as think as they do themselves.
[Elliot’s Debates, Vol. IV, pp 198-199, Governor Samuel Johnston, July 30, 1788 at the North Carolina Ratifying Convention]
“There exists a law, not written down anywhere, but in our hearts…. I refer to the law which lays it down that, if our lives are endangered by plots, or violence, or armed robbers, or enemies, any and every method of protecting ourselves is morally right.”—Cicero (106-43 BC)
A Succinct Thought about Islam
The Dead Sea Scrolls from the Israeli settlement of Qumran contain nearly complete fragments of the Old Testament, virtually identical to those produced by traditional copyists of the Masoretic community one thousand years later. These texts were scribed 800 years, or more, before Mohammad.
Scholars agree, that the text of the Quran are repetitive and borrow liberally from both the Old and New Testament. The nativity of Jesus, his first words proclaiming Mohammad as ‘greater than he’ is amusing at best. The close relationship between Abraham and Ishmael, building the Kabah, is also contrary to the older biblical record in Genesis, which actually describes a broader history of the sons of Abraham, their reunion, and intermarriage.
Considering that the Tiqiyah, or lying to a kafur or in oath, is a basic tenet of Islam, and the inconsistencies of the Quran versus the Bible, one might say that Islam worships the lie, and is a religion by a liar, the Father of the Lie being Satan himself. Satan is Islam’s god, not the God of Abraham.
First, what was General Order 11?
During the Civil War, a southern Missouri county harbored secessionist sympathizers. They were called ‘Bushwhackers’ and sneaked from their homes and farms at night to murder, and sometimes massacre, military age Union men. They wore no uniforms, and the havoc they wreaked was similar to today’s Islamic Insurgents.
Four days after the sack of Lawrence, Kansas, General Thomas Ewing issued General Order 11, ordering all residents of the four counties surrounding Kansas City to leave their homes. Missouri was under Union control, and would not tolerate resident Confederate sympathizers.
A famous painting by George Caleb Bingham depicted the tragic human consequences of dealing with non-uniformed, covert, marauding insurgency.
President Lincoln eventually repealed both Order 11’s (there was another against Jewish cotton brokers trading unlawfully with the South), but the difficulty in policing insurgent terrorists who have unlimited civilian access is well illustrated.
What Can the Courts Do Independent of Martial Law?
Instead of $85 Billion in security, much going to the TSA and airports, a simple ban on Muslims boarding aircraft would do the trick.
Instead, we are now subjected to high-frequency scans which result in images such as below.
The suggested legal instrument is a request for Injunctive Relief accompanied by an Order to Show Cause. In simple terms, nothing would happen until the defendants had ample opportunity to challenge the injunction.
Suggested plaintiffs would be an airline, or airlines, as targets of Islamic jihad. The specific harm would be unreasonable and insufferable financial and human risks to the company, it’s assets, and passengers.
The requested Injunction would be a ban on all Muslim passengers, identified by Arab surname and/or declared religious affiliation, as well as countries of Islamic fundamentalist origin, e.g., Yemen, Indonesia, Pakistan, Afghanistan, Lebanon, Syria, Gaza, Morocco, Nigeria, and Iran.
Most Americans would be appalled and consider this action easily defeated under the First Amendment. However, it is established that statute and general law takes precedent over otherwise constitutional protection. The Ashwander vs Tennessee Valley Authority case followed numerous precedent, stating;
If a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction of general law, the Court will decide only the latter. 
A common example is does a person have the First Amendment right to yell ‘Fire’ in a crowded theater? Everyone knows the answer is ‘No.’ It instigates panic that is potentially harmful to people rushing for the exits.
The statute applicable for barring Muslims from obtaining visas is Title 8 U.S.C. 1424 of the Aliens and Nationality Act. The Act bans visas and immigration status to any nationality, group, or sect that “advocates or teaches . . . opposition to all organized government; or who is a member of or affiliated with . . . any other totalitarian party of the United States; of any foreign state, or of any political or geographical subdivision of any foreign state; any section, subsidiary, branch, affiliate, or subdivision of any such association or party.”
It is a small step to apply this law to Muslims already residing in the United States, such as the ‘Flying Imams,’ who staged a mock terror event on U.S. Airways Flight 300.
‘Wait,’ you say. ‘You can’t condemn an entire religion that was hijacked by a few radical fundamentalists!‘ Well, perhaps I am not concerned particularly with the 10% or so supporters of the so-called Islamic Fundamentalists. The real issue is why they are fundamentalists in the first place?
Answer; it is because they are motivated to be true followers of the ‘fundamental’ teachings of Islam vis a’ vis the Koran and Hadiths.
If you haven’t read the Koran, or its accompanying political manifestos, you are woefully ignorant of the so-called ‘Religion of Peace.’ Salaam your way from morning to night, it doesn’t change the true teachings and purpose of the Koran, and why Islam was created.
First, the Christian religion taught to preach the Word throughout the world, but to respect secular jurisdictions, e.g., the ‘gentile’ empires and the ‘Laws of Caesar.’ ‘Render unto Caesar what is Caesar’s, and to God what is God’s.’ Matt 22:21, Mark 12:17
Yes, Caesar created the Holy Roman Empire, and the Papacy was involved with all of the royal houses of Europe (until the Protestant Revolution), but the Bible was clear; God’s Kingdom was not on Earth, but in Heaven. Christians tolerate secular jurisdiction and their authority as separate entities, similar to our state jurisdictions having sovereign powers, overseen by limited federal ones.
In contrast, the Koran respects no secular governmental jurisdiction. It may tolerate it for a while, but political factions and terrorist assassinations and massacres apply constant pressure towards an Islamic state, or Caliphate.
Here are quotes from the Koran:
These words come directly out of the Qur’an’s Spoils of War: “Allah has sent you from your homes to fight for the Cause. Allah wished to confirm the truth by his words: wipe the Infidels out to the last. I shall fill the hearts of the Infidels with terror! So smite them on their necks and every joint, and incapacitate them, for they are opposed to Allah and His Apostle. Whoever opposes Us should know that Allah is severe in retribution. The Infidels will taste the torment of Hell. So when you meet them in battle do not retreat, for all who turn away from fighting will bring the wrath of Allah on themselves and their abode will be Hell. It was not you who killed them, but Allah who did so. You did not throw what you threw. Allah did to bring out the best in the faithful.” Using this reasoning, it was the Islamic god, not Muslims, who flew the planes into the World Trade Center. “So, fight them till all opposition ends and Islam is the only religion.”
Now you know the truth. Allah wants infidels “wiped out and terrorized.” That makes war and terror mainstream Islam. And Allah was just getting warmed up. “If you meet them in battle, inflict such a defeat as would be a lesson for those who come after them, that they may be warned. Surely the Infidels cannot get away. Prepare against them whatever arms and cavalry you can muster, that you may terrorize the enemies of Allah.”
Reading Allah’s orders out of the Qur’an’s 8th surah, imams preach: “O Prophet, urge the faithful to fight. If there are twenty among you with determination they will vanquish two hundred; if there are a hundred then they will kill a thousand Infidels, for they are a people devoid of understanding.” This is the math of terror. It is possible because infidels are ignorant of Islam. And you should know, the Qur’an defines “Infidels” in the 5th surah. “They are surely Infidels who say Christ, the Messiah is God.” (5:72)
So as not to be accused of unfairly singling out a less-than-peaceful surah from the Qur’an, listen to how Allah recruits suicide bombers in the 4th surah: “Those who barter their life in this world for the next should fight in the way of Allah; whether he is killed or victorious, a glorious reward awaits.” “Urge the believers to fight…to keep back the might of the Infidels.” “Seize them and kill them wherever they are.” “Muslims who sit idle are not equal to those who fight in Allah’s Cause with their wealth and lives. Allah has exalted those who fight for Islam.”
The Islamic Sira proclaims: Ishaq:587 “Our onslaught will not be a weak faltering affair. We shall fight as long as we live. We will fight until you turn to Islam, humbly seeking refuge. We will fight not caring whom we meet. We will fight whether we destroy ancient holdings or newly gotten gains. We have mutilated every opponent. We have driven them violently before us at the command of Allah and Islam. We will fight until our religion is established. And we will plunder them, for they must suffer disgrace.”
It must be stipulated that Islam is a religion bent on World domination. War on all non-Muslims is the key tenet and ultimate eschatology.
Galatians 5:14, 15 “For the entire law stands fulfilled in one saying, namely: “You must love your neighbor as yourself.” If though, you keep on biting and devouring one another, look out that you do not get annihilated by one another.”
If you read the Koran, you will find scattered borrowed Bible verses strangely interpreted and told in ways unfamiliar to Christians and Jews alike. The misinterpretation of John 14:16 is the justification of Mohammed’s claim to be the Final Prophet, superior to Jesus Christ.
Mohammad’s new monotheism, of which he was the Final and Greatest Prophet, was created out of his disdain for the Nicaean Trinity. Koran, surah 5, “They do blaspheme who say: Allah is one of three in a Trinity: for there is no god except One Allah.” This theme is repeated several times in the Koran.
Cf. Philippians 2:5 – 11 “Keep this mental attitude in you that was also in Christ Jesus, who although he was existing in God’s form, gave no consideration to a seizure, namely, that he should be equal to God. No, but he emptied himself and took a slave’s form and come to be in the likeness of men. More than that, when he found himself in fashion as a man, he humbled himself and became obedient as far as death, yets death on a cross. For this very reason also God exalted him to a superior position and kindly gave him the name tht is above every other name, so tht in the name of Jesus every knee should bend of those in heaven and those on earth and those under the ground, and every tongue should openly acknowledge that Jesus Christ is Lord to the Glory of God the Father.”
It is logical to conclude that if not for the Nicaean Creed and the Doctrine of the Trinity, there would be no Islam, and Mohammad would have died a trader . . . and probably a Christian.
So, there are issues to be debated in court over an Injunction against Muslims flying on private and commercial aircraft to and over U.S. airspace. The question of ‘Can a religion that preaches dissolution and destruction of the U.S. Constitution, by political intrigue (President Barack Hussein Obama?) and terrible massacres of U.S. citizens, have a right to First Amendment protections?’ is well justified, and needs to be addressed in fighting the War on Terror.
 Ashwander v. Tenn. ValleyAuthority, 297 U.S. 288, 347, 56 S. Ct. 466 (1936) (Brandeis, J. concurring) (citing Siler v. Louisville & Nashville R. Co., 213 U.S. 175, 191, 29 S. Ct. 451 (1909); Light v. United States, 220 U.S. 523, 538, 31 S. Ct. 485 (1911)).
 This is nothing new. Montanism was a schismatic movement which arose in the Christian church during the 2nd century. Montanus, the originator of the movement, was a Mysian, and about 130 began to make the claim of being a divinely commissioned prophet, the bearer of a fresh influx of the Spirit. Montanus’ claim to be the Final Prophet was an identical misinterpretation of John 14:16.