Three unelected federal judges in San Francisco yesterday ordered the Trump administration to continue accepting visitors and would-be immigrants from seven dangerous countries that are incubators of Muslim terrorism.
When President Trump learned his temporary ban on the admission of aliens from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen that was put on hold Feb. 3 by Seattle-based Judge James L. Robart would continue in abeyance, he got on Twitter immediately.
At 6:35 p.m. Eastern time he tweeted in all caps: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
The open-borders crowd doesn’t have a legal leg to stand on. That may be why at a press conference celebrating the outrageous ruling, a member of Washington Attorney General Bob Ferguson’s (D) team deployed the phrase “social justice” to justify the decision. “Social justice” is a magical amulet that nullifies anything the Left doesn’t like, including the president’s executive order. Its very invocation is an admission that a cause is illegitimate and un-American.
The Ninth Circuit’s fairy dust-based decision is “an intellectually dishonest piece of work,” said retired Judge Andrew Napolitano.
Tucker Carlson was in fine form last night as he roughed up the platitude-spouting, Haitian-born District of Columbia Attorney General Karl Racine (D) on television.
Racine, who supported the lawsuit by filing an amicus brief, absurdly argued EO 13769 was “discriminatory to a certain religion” and therefore violated the Constitution’s Establishment Clause.
Carlson retorted that “there is a precedent for singling out people for special treatment because of religion” and that the U.S. had used “explicit religious tests until pretty recently.” Until September 1988, he said, the U.S. granted refugee status to Soviet Jews because they were persecuted in their home country.
Probably the two most insane legal principles invented in the decision are (1) that everyone, everywhere on the planet enjoys due process rights under the U.S. Constitution, and 2) that courts can second-guess a national security-related executive order based on something other than the actual words in the order.
That a panel of the notoriously left-wing U.S. Court of Appeals for the Ninth Circuit committed this unlawful, unconstitutional atrocity is not surprising but it is still unsettling. In the decision Judges William C. Canby, Richard R. Clifton, and Michelle T. Friedland, substituted their vision of how to conduct foreign affairs for the nation’s elected president. The ruling not only violates separation of powers but also constitutes an attack on the status of the president as Commander-in-Chief charged with protecting the United States.