There is a reality surrounding the Ninth Circuit Court’s upholding of a stay on President Trump’s temporary travel ban: It is based on that Court’s political preferences, and not on the law. It is a reflection of an ongoing and desperate attempt by the left to nullify by disruption and force the election of 2016.
There is no Constitutional provision, no statutory law, and no legal precedent that could reasonably be cited as the justification for the opinion. There is not even political precedent to back it up. Former President’s Carter and Obama, during their tenures in office, engaged in similar acts, without facing the obstacles now levied at the current Administration. President Bill Clinton deported 12 million illegal aliens, without the opposition of the same forces that seek to discredit Trump.
The Constitution has no provision allowing the courts to set this type of policy. Further, Statutory law Title 8, Section 1182 of the U.S. Code explicitly, clearly, and undeniably provides the president with this authority. The Court ignored both facts in its decision. A first-year law student would be given a failing grade if he or she wrote a moot court opinion without noting those key facts.
This blatant judicial abuse is a clear challenge to the entire concept of a nation governed by law, not mob rule. It is, in essence, an attempt to repeal de facto the Constitution’s separation of powers and the entire framework devised by the founders of the nation.
Supporters of this inappropriate move have frequently cited the “rights” of nonresident aliens in the matter. That argument is also, quite bluntly, ridiculous as well. A nonresident alien has no standing to challenge a U.S. law. If that were the case, American government would be held eternally hostage to the rest of the world; U.S. sovereignty would effectively cease to exist.
Since the left unexpectedly lost the election of 2016, it has engaged in repeated attempts to nullify the lawful result through means of mob rule. Those disappointed by the outcome have taken to the streets and campuses of the nation, engaging in violence and mass disruption in what has amounted to a collective temper tantrum aimed at overturning the ballot. The College Fix reports that conservative-leaning students face intimidation on campus. Numerous reports of pressure on students to conform with the leftist views of university leaders have been noted, as well.
It’s all part of a growing trend—the left has not hesitated to threaten the personal safety and constitutional rights of those that dare to lawfully oppose their actions and goals.
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In an effort to raise emotional hysteria instead of factual arguments, leftists have attempted to impose a false narrative of a president who is anti-female, and anti-gay. The charges are so startlingly false that they serve as clear examples of the desperation of a movement that, despite having substantial control of the national agenda for the prior eight years, has failed to achieve any gains for the American people, and has left much of the nation in a far worse state than when they won the White House.
One of the most publicized and well-organized but utterly false attempts to rouse mass protests over the new Administration has been the “women’s march,” symbolized by knitted pink hats. It is ironic that over the past eight years, the actions of President Obama in breaking prior precedent by negotiating with at least one terrorist group, the Taliban, utterly escaped the ire of those who have ordained themselves spokespersons for women’s rights. The Taliban, as have other Islamic extremist groups whom the former President has been reluctant to confront honestly, has engaged in acts amounting to the mass intimidation, murder and mutilation of girls and women who merely seek to go to school, get medical care from male physicians, or simply live with some measure of equality. This somehow escaped the notice or concern of organized women’s groups. It should not escape notice that Linda Sarsour, as noted by Breitbart, was a principal organizer for the women’s march. She is well known, Breitbart notes, for her “anti-feminist views and outrageous attacks on anti-Sharia women leaders.”
However, those same groups eagerly organized mass demonstrations, starting just one day after the inauguration, against a new president who has vehemently opposed those heinous acts. Obviously, the motives have less to do with women’s rights than with the standard goals of left-wing politics.
A similar approach can be seen in attempts to portray the new administration as being biased in matters affecting the LGBT community. As noted in The Hill, “There are no signs that the LGBT community will be in the crosshairs of a Trump administration. In fact, that evidence is just the opposite.”
The tactic the left is engaging in is clear. Rouse popular hysteria by false claims of attacks on various groups. File bogus claims in courts willing to defy Constitutional and statutory law to achieve political goals (the highly politicized Ninth Circuit, notes the Gateway Pundit has been overturned more than any other similar jurisdiction “a startling 19 times (79 percent), in 2010, three times as many reversals as most circuits had cases before the Supreme Court. The same pattern continued in the 2011 (71 percent) and 2012 terms (86 percent), when the Ninth Circuit was reversed more than twice as many times as most circuits had cases before the Court.”
The left’s willingness to abandon law, the Bill of Rights, the Constitution, and even common civility in its attempt to discredit the legal result of the 2016 election, and the collusion of the Ninth Circuit in that pursuit, deserves universal condemnation.