Saturday, January 19, 2019

Lawless Federal Judges Are Winning Their War against the Trump Administration

It’s déjà vu all over again. A federal judge has blocked a lawful Trump-administration policy, essentially enshrining the Obama administration’s policy choices in social-justice granite. The practical result is a judicial equivalent of a one-way ratchet. The pattern is clear:
Step One: The Obama administration uses its executive power to implement a progressive policy (such as DACA or the contraceptive mandate).
Step Two: The Trump administration uses its executive power to repeal the Obama-administration action and implement a more conservative policy.
Step Three: Progressive plaintiffs file suit in a friendly jurisdiction using dubious legal theories to seek a broad injunction against the Trump-administration action.
Step Four: Progressive judges join the #Resistance, write obviously flawed opinions, and seek to freeze Obama’s policies in legal amber.
The latest example came yesterday, when Judge Haywood Gilliam of the Northern District of California blocked implementation of the Trump administration’s religious and moral exemptions to the Obama administration’s contraception mandate. This time, mercifully, the order wasn’t a nationwide injunction. It applies to the 13 states (and District of Columbia) before the court, but it’s important nonetheless. The religious liberties of employers in those jurisdictions are once again placed in jeopardy.
Read the rest from David French HERE.

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