The 4th Circuit Court of Appeals in Virginia has joined with the so-far-left-it’s-floating-out-in-the-Bay 9th Circuit Court in San Francisco in ruling President Trump’s ban on entry to the US from eight countries unconstitutional. In making these rulings, the judges have gone Rumpelstiltskin one better, spinning entire new legal and Constitutional concepts out of Twitter tweets and their personal opinions.
The courts’ powers are limited to determining whether an executive order is within Trump’s Presidential authority, and Presidents clearly have the power to protect national security by determining who will be received in the US from foreign nations. That’s not the job of far-flung, unelected judges in blue states. They are bound to make rulings based solely on the language of the law, but instead, they relied on their interpretations of tweets and campaign statements to declare the EO is “unconstitutionally tainted with animus toward Islam.”
That’s pretty rich, considering their ruling is unconstitutionally tainted with animus toward Trump. It’s also an amazing stretch of logic, considering the ban includes only six majority Muslim nations out of dozens that remain unaffected (and it applies to all residents of those nations, regardless of religion), plus two nations (North Korea and Venezuela) that have virtually no Muslims at all. The only thing all eight states have in common is that they have long been identified as terrorist havens with no ability to vet emigrants. The exact sort of places that it’s a President’s duty to protect us from.
The Supreme Court already ruled in December that the ban will remain in effect while all these efforts to undermine Presidential authority and national security through politicized abuse of the court system play out. Meanwhile, the SCOTUS is set to take it up in April. Even though it’s a divided court, I would hope that even the liberal Justices will join in affirming the Constitution by issuing a clear, unanimous decision rebuking the lower courts for their attempted power grab. They need to discourage any more judges from thinking that owning a gavel somehow imbues them with the power to create federal immigration and border security policy.