Saturday, July 14, 2018

Forget About SCOTUS. Our Republic Will Not Survive The Lower Courts

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Given that the Supreme Court only considers roughly 80 cases per year, the radical lower court judges are proving every day that unless something is done to reform the way our political system erroneously views the power of the lower courts, any gains we secure from Supreme Court picks will largely be around the margins. This is especially critical as one litigator from the National Immigration Law Center said, “May a thousand litigation flowers bloom.” Even if we place six conservatives on the high court, their ability to manage a thousand forum-shopped and radically destructive lower court injunctions will be limited, under the prevailing system.
Protecting this country from an invasion of MS-13, dangerous drugs, and crime coming across the border is the most solemn job of the president. The lower courts are essentially creating a trap that will tie the president’s hands (assuming they are indeed tied by musings of lower court judges) for the remainder of his presidency and irrevocably release tens of thousands of potentially dangerous individuals into our communities at a massive cost to localities and doubling down on the very invasion that fueled the gang and drug crisis.
On Monday, the smug Judge Dolly Gee of the Central District of California ruled that, despite the public outcry over separating families and the implication of having to reinstate catch-and-release for the lawbreakers, kids cannot be detained with parents even in ICE holding facilities (as opposed to jails) for more than 20 days. But here’s the problem: Another California judge, Dana Sabraw, ruled that Trump can’t detain the parents while the kids are released. In other words, the tag-team of California judges are pushing catch-and-release on the entire country, even though 72 percent of family units cross into Texas, not California.
“It is apparent that Defendants’ Application is a cynical attempt…to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate,” wrote a disingenuous Gee. Yup, somehow it is Trump who is trying to shift the burden to the judiciary! Actually, Dolly, we are asking you to stay the heck out of immigration and sovereignty, something the courts emphatically did for the first 200 years of the republic. Illegals should never have standing to dictate terms to American law enforcement, based on their “consent,” as Gee suggests. What about the consent of the American people? Remember, these people are always (except certain criminals) eligible to voluntarily depart with their children. Nobody is forcing them to come here, and nobody is forcing the court to do anything. Quite the opposite is true. The illegals and the judiciary are forcing their will on the American people in the ultimate violation of national property rights.
Read the rest from Daniel Horowitz HERE.

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