President Donald J. Trump has dealt the Left yet another major defeat, as the U.S. Supreme Court upheld the major portions of his travel ban – essentially giving a constitutional green light on a major policy.
Despite what many called “judge-shopping” and political activism from the bench, the court affirmed the president’s executive authority to implement a 90-day travel ban from six predominately Muslim countries, and a 120-day stay on refugees.
In many respects, the travel ban may be the most stinging loss the political Left has suffered since adopting its partisan “resist” and “obstruct” stance that has included slow-walking cabinet appointments and paid (and often violent) protests against conservative free speech.
Democrats were already in disarray after getting shut out 5-0 by Trump-backed candidates in recent special elections after liberals touted them as “referendums on Trump.” The DNC dropped a record-setting $25 million into a U.S. House race in Georgia only to retreat with egg on their collective faces as calls for ousting the party’s leadership resounded. Considering Obamacare is on its deathbed compared to Trump wins on job creation, trade deals and record-setting stock market, the travel ban drubbing could torpedo any hope the Left has of buoying its sinking ship. In the pithy words of Trump, one might call the Democrats’ plight a “mess.”
Despite left-leaning media outlets claiming the president has earned only partial victory until the full case is argued before the high court in October, only foreign nationals with a “bona fide relation with a person or entity in the United States” may be permitted any exemption from the White House execute order. In practical terms, examples might include visiting a sick family member in the hospital who is a U.S. citizen or a compelling business interest. The president’s travel ban already allowed green card holders admittance after extreme vetting.
Reversal of Fortune
The stain of judge shopping was all over the Left’s obstruction of presidential authority from the first law suit. New York and Boston courts were quick to weigh in against the first executive order, which many considered hastily crafted and implemented. The more well designed second order saw a Hawaiian federal judge with direct ties to former President Barrack Obama provide liberals injunctive relief hours before it went into effect.
The 9th Circuit, dominated by appointments by former President Bill Clinton, unanimously rejected Trump’s authority as did a 4th Circuit rife with Obama appointments. All 13 that ruled against the executive order were given their judgeship by Democrats. Opinions cited campaign rhetoric and rallied behind the accusation it was Muslim ban, disregarding the fact that it affected only a fraction of the religion’s population.
The Supreme Court, with an eye toward the actual order, the U.S. Constitution, and precedent regarding the powers of the executive branch appears to have restored the rule of law once again. The Constitution grants power to the president to limit anyone entry to the country for national security reasons, among others. Congress reaffirmed this power in 1952 by adopting a law that empowers the president to “suspend the entry of all aliens and any class of aliens as immigrants or non-immigrants” anytime the presidents finds them “detrimental to the interests of the United States.”
The liberal-activist judges that “resisted” and “obstructed” the Trump Travel Ban omitted this plain fact understanding of the law from their rulings. Further, foreign nationals do not have standing or enjoy rights under U.S. law.
How Far Can the Travel Go?
While the Trump travel ban is designed as a temporary measure, neither the Constitution nor federal law place restrictions on the length of immigration bans nor countries of origin. The president has the full authority to expand it to other Muslim or non-Muslim countries, and could extend the ban indefinitely by issuing a subsequent executive order. As Americans are well aware, the president has access to classified information no judge will ever see, and therefore has no legal requirement to prove he is correct when restricting immigration.
Trump and his predecessors have been tasked with defending the safety of American lives, and that authority cannot be usurped by Monday morning quarterbacks and elitists pursuing the political winds of the day. The growing terror incidents in Europe could prompt greater restrictions in the country.
At the end of the day, the SCOTUS reversal demonstrates that the lower court charade was politics at its worst, plain and simple.
It wasn’t long ago that Democrats floated the notion of impeaching President Trump based on “Russian collusion” and conflicts of interest. Today, former Obama administration officials have come under scrutiny for allegations of unmasking American citizens, obstruction of justice and Obama himself is being called out for “choking” on Russian meddling.
The travel ban loss shows that Dems brought a knife to a gunfight, and the Washington outside came loaded for bear and ready to drain the swamp.
~ Conservative Zone