Thursday, March 16, 2017

Sand in the gears again

There are over 3,000 federal judges. A motivated group can usually find one who will be amenable to issuing a favorable ruling. Groups that oppose President Trump are always motivated. And here we are:
A federal judge in Maryland Thursday morning temporarily blocked the 90-day ban on immigration for citizens of six countries in President Donald Trump's executive order, dealing another blow to the President's revised travel ban.

Wednesday afternoon, a federal judge in Hawaii issued a temporary restraining order nationwide over the ban, hours before it was set to go into effect.

In a 43-page ruling, US District Court Judge Derrick Watson, who presides in Hawaii, concluded in no uncertain terms that the new executive order failed to pass legal muster at this stage and the state had established "a strong likelihood of success" on their claims of religious discrimination.
This is the same game we saw in Wisconsin earlier in the decade, where district court judges in Dane County took turns attempting to thwart the agenda of Scott Walker. It's an elaborate dance and eventually the matter will have to go to the Supreme Court. Writing for Powerline, John Hinderaker is aghast:
What we are seeing here is a coup: a coup by the New Class; by the Democratic Party; by far leftists embedded in the bureaucracy and the federal judiciary. Our duly elected president has issued an order that is plainly within his constitutional powers, and leftists have conspired to abuse legal processes to block it. They are doing so in order to serve the interests of the Democratic Party and the far-left movement. This is the most fundamental challenge to democracy in our lifetimes.
I don't know if we can call it a coup, but it's clearly a problem for Trump. I'm uneasy about executive power generally, but Hinderaker is right on the main point. The lesson for Trump should be simple -- there's really no point in compromising with the Left. You can't make a deal with people who will do anything to keep their position. Trump is capable of learning. Let 's see what he learns this time.


13 comments:

R.A. Crankbait said...

We've installed Priest Kings, and then say we don't have Priest Kings.

Gino said...

dissolution of the union is the only option at this point.

Bike Bubba said...

My take is that if the opinion is legal horses**t, you impeach and remove the judge. You then disbar him for fraudulent practice of law. And as Gino notes on his blog, 43 pages in less than two hours means precisely that. Pulling stunts like this is not the "good behavior" we can Constitutionally expect out of a judge.

Gino said...

And who will impeach him?

Mr. D said...

And who will impeach him?

Ding ding ding.

W.B. Picklesworth said...

dissolution of the union is the only option at this point.

The ultimate virtue-signalling is to be willing to shed [someone else's] blood to prove the justice of your cause. May they be undercut and repudiated before we come to that needless tragedy.

Gino said...

Or they could allow dissolution peaceably.

Bike Bubba said...

And who will impeach him?

Yeah, I may be dreaming here, but at a certain point, the choice is to either punish legal vandalism, or to lose the republic. Pray for statesmen who will recognize legal vandalism, even if it's "on their side", and punish it.

Gino said...

Legal vandalism is thier design, Bubba. Process is but an obstacle to their ends, whereas the Right cares too much about the process to the detriment of their ends.

jerrye92002 said...

Seems to me the best course is to immediately pursue the case of the first order, all the way to SCOTUS if necessary. The law is clearly on Trump's side, but if the result is 4-4 on that one, then he comes back and challenges this new one, which should arrive when Judge Gorsuch is seated.

One other tack would be to simply grant that one woman a temporary visa, her son loses standing in the court and the whole thing becomes moot.

Mr. D said...

Legal vandalism is thier design, Bubba. Process is but an obstacle to their ends, whereas the Right cares too much about the process to the detriment of their ends.

Yep. And it has been thus for over half a century now. One might even argue it has been thus since Rousseau.

Gino said...

It won't change til the Right cares more about winning the fight than losing with integrity.

Gino said...

Pickles worth: blood is already being shed. In San Bernardino last yr... Two families shattered to open border heroin trade... Loss of jobs and affordable health. People are dying. It's just not the right class that sheds the blood.