Each of the three dissenting Judges filed separate dissenting opinions and joined in each others’. Judge Paul Niemeyer, relying on precedent that holds that the foreign affairs context in which the executive order operates is the apex of executive power, chatised the majority for its refusal to limit its inquiry to the text of the order itself:
In looking behind the face of the government’s action for facts to show the alleged bad faith, rather than looking for bad faith on the face of the executive action itself, the majority grants itself the power to conduct an extratextual search for evidence suggesting bad faith, which is exactly what three Supreme Court opinions have prohibited.