As we predicted in our column “The Judicial Coup Against President Trump” the Ninth Circuit Court of Appeals has left in place Federal Judge James’ Robart’s anti-constitutional order suspending President Donald Trump’s Executive Order No. 13,769 pausing immigration from seven terrorist hotspots.
The Executive Order is now headed to the Supreme Court where a 4 – 4 tie is expected to leave the order in place, much as a tie left in place Judge Andrew S. Hanen’s preliminary injunction shutting down President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents program while the legal case filed by Texas and other states proceeded. The Obama administration appealed, and a divided three-judge panel of the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the injunction.
When the Supreme Court split, Judge Hanen’s order remained in place while the case went forward.
The Left was very strategic in filing the challenge to President Trump’s Executive Order and its strategy is unfolding precisely as planned as Far-Left progressive judges in the Ninth Circuit substitute their liberal policies for the plain language of the Constitution and the laws passed by Congress.
Legal scholars, including some liberals, have suggested an alternative, however.
Harvard Law School professor emeritus Alan Dershowitz told Chris Matthews, “This is not a solid decision. This is a decision that looks like it’s based more on policy than on constitutionality. There are many, many flaws.”
Dershowitz went on to suggest that the best way to defeat this judicial coup was to rescind his original executive order and issue another order that avoided the pitfalls of the one stayed by Judge Robart’s extra-constitutional action.
This is a sentiment shared by our friend Jim Simpson, author of The Red-Green Axis: Refugees, Immigration and the Agenda to Erase America, who wrote in an article for the Daily Caller:
President Trump needs to deny the Left a victory over his immigration executive order. The court challenge now being heard by the infamously unconstitutional and extremist 9th Circuit threatens to set a precedent that will codify open borders and leave the president powerless to protect us. Trump can snatch victory from the jaws of defeat and deny the Left their unconscionable and unconstitutional attempted power grab by rescinding this EO and issuing stronger multiple replacements as stand alone orders.
This is exactly what the plaintiffs in the suit brought before Judge Robart want; “a precedent that will codify open borders and leave the president powerless to protect us.”
Remember, Apple, Facebook, Microsoft, Twitter and some 97 tech companies filed an amicus brief voicing opposition to President Trump’s executive order on immigration on the grounds that it is discriminatory and has a negative impact on business.
The point of the brief was to stress the value to business of open borders over the protection of American sovereignty and public safety.
Has the judicial coup against President Trump succeeded?
Our friend Daniel Horowitz outlines what’s at stake. Writing for Conservative Review Horowitz concluded, “Overnight, our most sacred values, laws, and traditions related to national sovereignty have been stolen by the courts. In the ultimate display of what Justice Scalia dubbed ‘social transformation without representation,’ the unelected courts are creating an affirmative right to immigrate, particularly for those who believe in Sharia law.”
Daniel Horowitz is right and Jim Simpson makes it clear this is a life or death battle for the future of our country: “The president cannot lose here. We must protect our borders; keep out the terrorists and rein in out-of-control immigration. It is the signal issue that got him elected. It is also the signal action needed to save this country from the Left’s malevolent intentions.”
Jim Simpson’s suggestion that the President continue the battle by issuing multiple Executive Orders is a viable approach to defeat this judicial coup, provided President Trump is ready to stay the course and do whatever it takes to win.