Posted on 01/13/2018 11:48:16 AM PST by Liberty7732
In another striking judicial development, Judge William Alsup, a Clinton appointee from San Francisco, issued an injunctive order Jan. 9 prohibiting President Trump from moving forward rescinding President Obama’s DACA order.
Although it only applied to established DACA applicants, and left untouched the ban on future applications, the order is offensive nevertheless, and demonstrates the terrible problem plaguing our country resulting from the actions of activist judges.
Essentially, the plaintiffs, which included the State of California, argued that President Trump had acted randomly and capriciously in removing the DACA order because, among other reasons, he did not give notice and did not allow for a period of public commentary prior to issuing his rescindment.
But here’s the thing, neither did Obama.
Obama himself issued his own DACA order single-handedly, without due process, and outside any compliance with any statutory requirements — and after saying he did not have the Constitutional authority to do so. Therefore, when President Trump acted to discontinue the DACA order, he was actually rescinding an illegal act, making Alsup’s ruling even more egregious — and overtly political.
The inescapable conclusion of all these actions is that Judge Alsup was less informed in his ruling by the law, than by his disdain for the President’s policies, and possibly, for the President himself. Relevant to this: Just two weeks before this political ruling, the Supreme Court overturned a different DACA-related Alsup order.
Additionally, the judge applied his order to the whole nation. This latter issue is particularly problematic as it is allowing individuals in the judiciary to paralyze policy decisions on a national scale even though the district of any particular judge does not encompass a large geographical area.
This latter problem is actually one that can be fixed by Congress. Congress has the authority to create and define the powers of the lower courts. As evidenced by the results of this case, it is time for Congress to limit the scope of judicial orders to only the geographical extent of their district.
And as for the greater problem of an overzealous judiciary, it is high time that the American people enact some sort of check on America’s increasingly partisan courts.
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So has the appeals process even been started yet?
There is zero chance that Congress will act on this suggestion. Less than zero. Which pretty much sums up the state of Congress today.
Could but won’t. What do you want to bet they use what Trump said as a reason they cannot be sent back. They’ve already used the campaign rhetoric. An argument that should have been immediately tossed but wasn’t.
It would help if Congress reasserted their rightful authority, but they likely won't because secretly they want the courts to do things they could never vote for and get reelected.
There should have been armed rebellion over Roe v Wade. When there wasn’t, that’s when the left fully realized they could destroy our constitutional republic through an activist judiciary.
Force the judge to attempt to enforce his decision. Good luck with that. Once Trump establishes that he will not cede his constitutional authority to an out of control judge, other judges will not want to expose their impotence in the same manner.
Won't happen. An Article V Convention of the States, I am told, is too dangerous.
Because he only announced his intentions regarding illegal immigration starting June 16, 2015, and only hundreds of times since then?
I would love to see a wave of judge impeachments across the country for egregious acts like this one, and especially for pat-on-the-wrist sentences for child rape and murder.
But like many good things, and given the prior dumbing down of the nation and trashing ot traditional civics instruction since the late 60s, it would likely end in a series of horrible abuses against Christian or conservative judges.
Rat judges need to be prosecuted.
Trump should ignore the order.
For 8 years, we endured a President who routinely lied , disobeyed court orders and exceeded Constitutional powers. He was lauded by the media and the rest of the world and people voiced no meaningful opposition.
Now we have a President who tells the truth, enforces the law and obeys the Constitution. He is despised, ridiculed and insulted by the media and world leaders.
Go figure.
Judge Alsup should be impeached and removed from office.
He is unfit.
He ordered the continuation of an Executive Order that was illegal. Thus he is a participant in an ongoing criminal enterprise.
Hear! Hear!
itsahoot has nailed it!
Refuse to honor the court’s order. Force the issue. Make the Congress act within its own authority, as it should have done dozens of years ago.
I personally believe that any judicial opinion that strikes down a law passed by Congress that is struck down by a higher court should immediately trigger an impeachment review by the House Judiciary Committee.
Yep. Waco too maybe Ruby Ridge but definitely Waco.
Black robed terrorism plain and simple.
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