Liberal Judicial Activism Borders on Insurrection

By Scott Weiser

President Trump was correct in excoriating liberal activist federal judge James Robart for his grossly legally defective temporary restraining order against President Trump’s temporary travel ban. Beyond excoriation Robart needs to be impeached and removed from the bench for judicial incompetence.

Robart reached far beyond his judicial authority in even supposing that the State of Washington had standing to appeal President Trump’s order in the first place. Robart hinges his entire ruling on a concept called parens patriae, a term meaning “A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.” Ordinarily used by states to protect children and those who are incapacitated, Robart here tries to invoke this state-level power against the Congress and the President.

In the case Massachusetts v. Mellon however, the Supreme Court ruled with absolute clarity that “it is no part of [a State’s] duty or power to enforce [its citizens’] rights in respect of their relations with the federal government.” It’s difficult to imagine a ruling that more clearly denounces and derogates both judge Robart and the State of Washington in this clearly extra-legal attempt to arrogate the power of controlling immigration to the State of Washington. If Robart didn’t know about this case he was explicitly informed of it by the Department of Justice in its objection to the TRO, so he has no excuse for ignoring an on-point Supreme Court ruling.

The power over immigration is exclusively reserved to the Congress, and its power is plenary, which means total, complete and unreviewable. Congress delegated certain powers to restrict immigration to the President by enacting 8 U.S.C. § 1182(f), which says that when the President (any president) “finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States,” he is authorized to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Having granted this authority to the President, only Congress can revoke it and no federal court, not even the Supreme Court has the power to interfere in that presidential authority short of challenging the constitutional power of Congress to delegate certain of its plenary powers over immigration to the President.

It is simply not within the power of any state to interfere with such a presidential decision, as immigration-control advocates found during Obama’s tenure in office. Obama did exactly the opposite, he ordered our Border Patrol officers NOT to deny entry to any aliens who illegally entered the United States, and when Arizona and other states challenged this policy in court on exactly the same sort of grounds of detrimental impacts to the people of Arizona caused by rampant and uncontrolled illegal immigration, Obama simply invoked the plenary federal power over immigration policy and did nothing to secure our borders.

Now that President Trump has chosen to exercise his part of Congress’ plenary authority over immigration liberal Democrats want to prevent him from doing so, and they found a corrupt judge to do it for them by venue-shopping.

By going to Seattle and finding a sympathetic liberal-inclined pet judge they accomplished two things: they got their TRO and they put the case into the 9th Circuit Court of Appeals, the largest and most liberal (and most-reversed by the Supreme Court) federal court in the United States, which reacted to a well-formed and legally-sound appeal of the TRO with a one-page ruling rejecting the appeal without any analysis of the case or the law. This was not circumstantial, it was very deliberate tactic on the part of liberal progressive Democrats.

This makes the 9th Circuit Court as much of a co-conspirator in violating the separation of powers doctrine as Robart and the State of Washington are, which is a good reason for the plan to break up the 9th Circuit Court into several smaller courts to move forward. Impeachment of 9th Circuit judges should also begin immediately.

There is no doubt whatever that review of both the TRO and the order rejecting the government’s appeal, along with every other case filed against the President’s Executive Order, will be summarily dismissed by the Supreme Court because the law could not be more clear: the states have no standing to sue Congress or the president over immigration actions because Congress’ power over immigration law is plenary and not subject to judicial review according to Article 1, § 8, clause 4 of the Constitution.

This is nothing more than another liberal Democrat attempt to impede and inhibit President Trump’s administration, but this one is entirely unlawful and they know it and therefore Democrats are stepping outside of mere procedural obstructionism and are dabbling in the realm of insurrection and treason, particularly when it comes to “giving aid and comfort” to radical Islamist jihadi enemies whom President Trump is trying to keep out of the country.

Originally published in the Daily Caller

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