The 9th Circuit Rampages Over the Executive Branch - The American Spectator | USA News and Politics
The 9th Circuit Rampages Over the Executive Branch

The stay against Trump’s executive order blocking immigration from certain countries remains. Here’s what I knew even before the ruling:

  1. The judges were transparent in their bias in favor of the Washington Attorney general. They lead him in arguments and helpfully pushed him in the direction they wanted. I’m no attorney and I knew that they were helping “their” guy win.
  2. The ruling would go against Trump. I don’t even care that it’s the idiotic 9th circuit. It’s that it’s Trump. The “smart” people are against him. Would even the Republican-appointed judge want to be viewed as “not smart”? No.
  3. The ruling would be terrible. David French sums this up nicely:

    Putting aside, for the moment, the administration’s inexplicable failure to include in the executive order or the record the extensive documentation and evidence demonstrating the threat of jihad from the seven identified countries (including terror attacks in the U.S., plots in the U.S., and a record of plots and attacks abroad), whether an attack has been completed in this country is not the standard for implementing heightened security measures. The president doesn’t have to wait for completed attacks to protect the U.S. from dangerous immigrants. He can see the deteriorating security situation on the ground, evaluate the intentions and capabilities of the enemy, and then act before the enemy can strike. Indeed, that’s the goal of national defense — to prevent attacks, not respond after the carnage.

    Read more at:

  4. Liberals, and the #NeverTrumpers, would revel in the repudiation of Trump.

The problem here is that the E.O. is no ordinary order and the consequences for the Republic both constitutionally and security-wise are terrifying.

National security is the central role of the President and executive branch. The judicial branch just neutered the President. As usual, liberals cannot think past their noses–and, it seems, neither can the butthurt Republicans who want to see Trump fail.

Ben Shapiro notes the most egregious part of the finding:

3. Everybody Has Due Process Rights. This is perhaps the craziest element of the ruling: the statement that everyone from lawful permanent residents to aliens with a visa traveling abroad has due process rights. The court even says that illegal aliens have due process rights. The Constitution isn’t just for citizens anymore – which begs the question as to why anyone would bother applying for citizenship.

Like Syndrome said in The Incredibles,”If everyone is special, NO ONE IS!” Evidently, everyone is American according to the 9th Circuit. Additionally, everyone should be allowed in, no matter what, no matter if the President has access to intelligence of an imminent threat from a terrorist sponsor.

One thing I’ve noticed: the Lefty legal scholars are notably mute about this finding. While the activists are cheering for Trump’s supposed humiliation, the lawyers say nothing.

Could the E.O. have been better written? Yes. Did the 9th Circuit solve any problems with the E.O.? No.

They made it worse–not just politically for Trump, which was their goal–but for American security and for the constitutional foundation of our Republic.

Melissa Mackenzie
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Melissa Mackenzie is Publisher of The American Spectator. Melissa commentates for the BBC and has appeared on Fox. Her work has been featured at The Guardian, PJ Media, and was a front page contributor to RedState. Melissa commutes from Houston, Texas to Alexandria, VA. She lives in Houston with her two sons, one daughter, and two diva rescue cats. You can follow Ms. Mackenzie on Twitter: @MelissaTweets.
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