Trump 2.0 Gets Major Legal Win
I need to repeat this, just for clarity. Yes, I’m a lawyer by education and, yes, I continue to take an interest in legal issues of all sorts—natsec and otherwise. Nevertheless, I’ve been paying little attention to most of the challenges to Trump’s exec orders. It’s not that I’m not interested. Generally speaking, I support most of them. Not all—I definitely don’t support outsourcing our First Amendment rights to extremist Jewish Nationalists. But generally, yes, I do support them. So why so little interest? Because I agree with Prof J. Turley that Trump will win many, even most, of these cases. Sure, the SCOTUS may, someday, rule that in the deportation or removal cases some minimal form of due process is required—beyond snatching off the street. But, trust me on this, that will still be a victory. Remember, many of the issues raised have never actually been considered before—that’s part of the reason behind the exec orders, to get clear rulings.
Of course, many conservatives are disappointed each and every time the SCOTUS fails to reach down and take cases out of regular order. I agree that in some few cases that might have been warranted, but there are advantages to waiting. When the appellate courts get things right, any later SCOTUS ruling benefits—it’s a show of unanimity among the higher courts.
So, here’s what’s up. What’s noteworthy in this case is that the DC Circuit is very liberal, and they handed Trump the win. It’s a win that’s likely to affect other pending cases. The importance is that the DC Circuit is affirming Chief Exec control over executive branch employees:
Jonathan Turley @JonathanTurley
The D.C. Circuit just issued a major ruling in favor of the Trump Administration that lifted a stay on the Administration's decision to terminate contracts and positions at Voice of America. Here is the decision.
Jonathan Turley @JonathanTurley
...The decision severely undercuts the arguments used by other district courts, particularly jurisdictional arguments. This is only the latest appellate decision pushing back on district court injunctions. However, the analysis will reach beyond the confines of this case.
For more details:
Prof Turley has another article that addresses the inefficiencies of our legal system and the removal of illegals. This, of course, is a major focus of the Trump exec orders. Look at it this way. You’ve heard that it’s been said, Justice delayed is justice denied. Well, the way our legal system is used and abused often amounts to an injustice on We the People. That’s basically what Turley is saying, although he uses his own simile:
Jonathan Turley @JonathanTurley
In courtrooms across the country, the nation seems trapped in a type of Squatter Syndrome, a macro version of the housing cases. The slowness of the removal process is being used to keep millions in the country indefinitely...
...In the meantime, we have become a type of squatter nation where our inefficient legal system is being used to make a mockery of our laws.
These are all the kinds of things that got Trump elected. Not bombing far away countries and supporting genocide.
Admin: Today we have cataract surgery for the second eye. Tomorrow follow up appointment. Wednesday mental health/grampa day.
Chief John Roberts is about as reliable as Judas Pence.