Monday, March 9, 2020

Litigation invasion: Losing our border one lawsuit at a time

David McNew/Getty Images
Imagine you are a liberal judge on the federal bench. You know that the entire political system, which includes all three branches of government and both political parties, vests you with unlimited power to dictate policy with an injunction. Regardless of the law, Constitution, rules of standing for a judicial case, past and recent Supreme Court precedent, political fallout, or national security consequences, you can declare an opinion and have that policy unquestionably become “the law of the land.” Why wouldn’t you try your hand at being a judicial version of Kim Jong-un?
At some point, we should stop blaming the judges for legislating with impunity and start blaming the other branches for not only ceding that power, but actively giving effect to the judges’ usurpations of law.
On Friday, the Ninth Circuit, after illegally granting standing to illegal aliens who never entered our country, ruled that the Trump administration can’t return bogus asylum-seekers to Mexico. This is a policy Trump worked out with the Mexican president. This is exactly why the Supreme Court said in Mathews v. Diaz (1976) that “decisions in these matters [immigration] may implicate our relations with foreign powers” and therefore, these “decisions are frequently of a character more appropriate to either the Legislature or the Executive than to the Judiciary.”
The “remain in Mexico” policy is largely responsible for bringing monthly border numbers back down to 35,000 from 140,000 last summer, when the policy was first implemented. The minute the court issued the ruling, and before it later agreed to temporarily stay that ruling, there was a rush on our border in El Paso. The danger of a mass migration at our border during a global pandemic cannot be overstated.
Moreover, Central American governments have already warned us that among the caravan members are people wanted for homicide, kidnapping, extortion, and terrorism. Some felons are known members of the transnational gangs MS-13 and 18th Street.
No judge has the power to trigger such an international incident. At what point will the president finally say “enough is enough” to illegal rulings creating standing to sue and a right to immigrate for caravans?
Read the rest from Daniel Horowitz HERE.

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