Our 9th Circus
First, I want to say that I voted for neither Trump nor Clinton. Quite frankly, I didn’t trust either one. Be that as it may, Donald Trump is our President. Being President comes with certain powers. Like it or not, President Trump has those powers…unless, as some Judges believe, a Judge disagrees with his politics.
Recently, the States of Washington and Hawaii sued in Federal Court to block President Trump’s Executive Order restricting travel from certain countries, on the grounds that those countries are majority Muslim and the Orders are discriminatory. Federal Judges in both states ruled for the States in the face of a plainly worded Federal Statute that says, “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
So, how could the Judges overcome the words “whenever,” “detrimental to the interests of the United States.” “he may proclaim.” Etc? The Statute is quite clear and gives plenary authority to the President. It has been used many times in the past, by Presidents of both parties. How? By holding that President Trump’s campaign speeches supposedly showed that he was discriminating against Muslims.
Wow. Federal Judges deciding if a President has less authority to do something that the preceding President did because of a campaign speech. What a new low in jurisprudence. What is even worse is the 9th Circuit Court of Appeals upheld the ruling. The 9th Circuit…lovingly known as the 9th Circus because they are the most reversed Circuit when cases advance to the Supreme Court.
So…to fantasize about a Hillary Clinton administration. If President Clinton had received highly classified intelligence (not available to be communicated to a Federal Judge) that Sweden was infiltrating the United States with terrorists, could she cut off immigration from Sweden although they are a mostly Caucasian country and she repeatedly said “Black lives matter” on the campaign trail? Absurd? Yes. Just as absurd as the current rulings.
When Judges have access to classified CIA, DIA, NSA, FBI, and other intelligence, they can have input into national security matters. Until then, leave it to the people who have been elected to make those judgments. If you don’t like it, vote the President out next time.
Guest blog by Attorney Scott Campbell