"Kelly said that he was not criticizing any judge but that their considerations were "academic" and possibly in a "vacuum."
I'm glad to know Kelly thinks Constitutionality is "academic" and that judges make their determinations "in a vacuum" as if fear is all that it takes to make a wise judgment let alone a legal or constitutional one.
I don't know if this article is taking too much license in excerpting what Kelly said but all of it is based upon fear and none is on the law.  It is entirely possible that a terrorist could cross the Canadian border claiming he's going shopping in a mall in Buffalo and instead blows it up.  It is possible that nothing is going to change.  But arguing about possibilities without any factual basis to give them more consideration than mere speculation is "academic."