While the rule of law is not completely dead, it’s dead enough to justify the title for this quick round up of today’s lawless news.
The latest federal opinions would bar President Trump from ever again issuing an executive order. William Jacobson, of Legal Insurrection, has looked beyond the obvious failings of the legal decisions issued against Trump’s most recent executive order (specifically, the absence of any analysis involving statutes, case authority, or the Constitution), and discovered the real canker at the heart of these stinking roses:
Two big developments on judicial usurpation of presidential immigration and national security powers.
The federal district court in Hawaii issued a TRO and the 9th Circuit denied en banc hearing of the first appeal. Both Orders are embedded in full at the bottom of this post.
The net result is that Trump has been stripped of his constitutional and statutory powers to protect the nation through control of who is permitted to enter the country.
I warned about this, and the danger of Trump not seeking Supreme Court review in the first case, President Trump must not back down on immigration Executive Order:
The decision of the 9th Circuit Court of Appeals to leave in place a broad Temporary Restraining Order freezing President Trump’s Executive Order on visas and refugees presents a serious threat to the constitutional and statutory authority of the presidency.
By leaving an overly broad TRO in effect that protects even persons who are abroad with no prior connection to the United States, and by refusing to narrow the TRO, the 9th Circuit effectively extended to such persons U.S. constitutional due process rights both to apply for a visa and in the visa process….
I have seen many analyses critical of the 9th Circuit ruling which urge the Trump administration to take a step back, to withdraw the current Executive Order and rewrite it to fit what is acceptable to the 9th Circuit. The Trump administration, according to some reports, is considering doing that.
That would be a grievous mistake.
The Executive Order, as the Trump administration has said it would be enforced (for example, excluding green card holders from its reach), is perfectly lawful and within the President’s power and authority. To accept the 9th Circuit ruling is to accept that the President does not have the powers vested in him by the Constitution and Congress.
And now it’s playing out.
There’s a very tight relationship between Obama and Judge Watson. This morning, in my illustrated round-up, I included the poster below, along with a comment saying that I was sure that Obama’s arrival in Honolulu was just a coincidence, but a funny one:
It may still be a coincidence, but it’s a coincidence with attendant coincidences attached to it:
Watson, 50, was appointed by Obama in November 2012 and confirmed by the U.S. Senate in April 2013. Watson said in a June 2013 interview with the Honolulu Star-Advertiser that he never met Obama at Harvard and knew him only as head of the school’s law review.
Yes, Harvard has slightly large class sizes (about 550 students per year), but I find it surprising that Watson claims never to have met Obama. I too attended a large school, and I knew everyone in my year, at least in passing. Yeah, I’m sure there’s nothing there.