Wednesday, March 22, 2017

Trump Immigration Order Legal & Constitutional: Five Federal Judges Explain Why

What kind of judges fill the ranks of the federal judiciary these days? More often than not, unfortunately, it’s the kind who refuse to follow the law and the Constitution, and whose biases and personal views distort their decision-making.
Consider the multiple decisions enjoining President Donald Trump’s executive order that temporarily suspends travel from terrorist-safe havens in the Middle East and Africa.
As I have written on a number of occasions (see here, here, and here, for example), the district-court and appellate-court judges in these cases have ignored the federal immigration-law provision that gives President Trump the authority to issue this order. They’re also ignoring prior precedents from the U.S. Supreme Court upholding the power of presidents to suspend the entry of aliens into the United States. And they have made unjustified findings that the order violates the establishment clause of the Constitution and was intended to discriminate on a religious basis.
But there are also some very good federal judges, and five of the best joined together in a stirring dissent released March 15 that explained in detail why the president has acted fully within the law and the Constitution. Their dissent should be required remedial reading for the federal judges assigned to all of these cases. It was filed in a Ninth Circuit Court of Appeals decision that denied en banc review (review by the entire court) of the astonishing recent decision by a three-judge panel; the three judges refused to throw out the injunction issued against the original executive order by a district-court judge in Washington State.
Read the rest of the story HERE.

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