Monday, May 13, 2019

Remember the ‘travel ban’? Lower Courts Seeking to ‘overturn’ That Supreme Court Decision

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For several generations, we have been told by the political elites that the Supreme Court stands above the other two branches of government, even when the high court violates the Constitution or claims to decide a broad public policy question squarely within the purview or powers of the other branches. Now, it appears that any lower court can simply issue a ruling more progressive than what the Supreme Court just said, and the other branches feel compelled to abide by that ruling!
Remember when a slew of lower courts created a right to immigrate for the first time and issued unprecedented injunctions demanding that Trump surrender to the courts his control over the right of entry into the United States? Well, we all thought that insanity was put to rest when the Supreme Court ruled in Trump v. Hawaii that the president has unquestionable authority to shut off any or all forms of immigration when he believes it’s detrimental to American interests, as it plainly says in 8 U.S.C. §1182.
Evidently, some of the lower court judges who were overturned by the Supreme Court on this issue are now granting standing to some of the same groups to sue again! U.S. District Judge Theodore Chuang of Maryland ruled last Thursday that a lawsuit can proceed against the travel ban from five countries.
A group of refugee resettlement contractors and other immigration groups are suing because they don’t like the process the administration has set up to allow waivers of the ban. The problem is that the Supreme Court said quite clearly that the president can disallow migration without offering any waivers whatsoever. Chief Justice Roberts could not have been any clearer:
“By its terms, §1182(f) exudes deference to the President in every clause,” wrote Roberts in the majority opinion in Trump v. Hawaii. “It entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions. It thus vests the President with ‘ample power’ to impose entry restrictions in addition to those elsewhere enumerated in the INA.” (Emphasis added.)
Read the rest from Daniel Horowitz HERE.

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