I’ve been writing for several years now about how anti-Trumpers keep attacking everything Trump does, even things he clearly has the power to do, because they can’t mentally process the fact that he really is President. They’ve even managed to convince a fair number of judges to go along with their partisan delusions. And despite being constantly characterized as a Hitler-like dictator, Trump has never once put one of these judges or critics in front of a firing squad. Instead, he’s abided by the rulings, no matter how patently absurd they might be, and simply appealed them to a higher court.
And so now, we will soon see the United States Supreme Court being forced to rule on what should be the most obvious, slam-dunk, why-would-you-even-need-to-ask, dumb question in history: does President Trump have the power to rescind an executive order written by his predecessor (who himself admitted that he didn’t have the Constitutional power to issue it)? It relates to DACA, the program for people who were brought to the US as illegal immigrants when they were children and have known nothing but life in America.
Let me be very clear: I oppose any sort of blanket amnesty for illegal immigrants. But I was a supporter of some sort of program to allow this small group to access citizenship way back when I was Governor of Arkansas. Our state already had to spend all the money to educate them, and since they were completely Americanized, it seemed pointless and cruel to send them to nations where they didn’t even speak the language just as they were about to start paying taxes and contributing something back. President Trump has a similar view and offered to work with Congress on some remedy just for this group, but the Democrats would rather toss the “Dreamers” (their term!) under the bus than work with Trump.
And so, the Supreme Court is now being forced to waste its time ruling on a non-question: yes, no matter whether you agree with the order or not, the President obviously has the right to issue executive orders rescinding previous executive orders. Yet, there is actually some doubt that this SCOTUS might rule correctly, due to Chief Justice Roberts’ tendency to pluck some justification out of the air for maintaining the status quo, which shows just how degraded our Constitutional system has become.
This is all stuff I’ve been writing about for years, but at the link is an excellent summation of it by a Professor of Legal History Emeritus at Northwestern University. If Chief Justice Roberts doesn’t read my newsletter, then maybe he’ll read what this guy has to say.