WhatFinger

Congress should seriously consider it for judges who are irresponsibly abusing their positions on the bench to do whatever it takes to keep the nation’s duly elected president from actually governing

Sounds like SCOTUS is going to uphold Trump’s travel ban

By Dan Calabrese ——--April 25, 2018

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Sounds like SCOTUS is going to uphold Trump’s travel ban And they should, of course, because it’s clearly constitutional and Trump was clearly acting within his authority as president to enact it. The arguments of the left, led by lawyers for the State of Hawaii, basically come down to the idea that it doesn’t matter if Trump has the authority to enact the ban because Trump is a horrible anti-Muslim racist and he’s motivated by anti-Muslim hatred. In addition to not being true, that’s a political argument and not a legal one. If there is power inherent in the office of the presidency, then every person who holds that office has that power, regardless of the person’s character or motivations.
In other words, if you’re going by what the law actually says, there’s only one way you can rule, and the nature of today’s questioning suggested that’s exactly where the Justices are headed:
The U.S. Supreme Court appeared poised to uphold President Donald Trump’s travel ban as key justices used an argument session to aim skeptical questions at a lawyer challenging the policy. Hearing the last arguments of its nine-month term Wednesday, the court took its first direct look at a policy that indefinitely bars more than 150 million people from entering the country. Opponents, led at the high court by Hawaii, say Trump overstepped his authority and was motivated by anti-Muslim animus. Chief Justice John Roberts suggested he doubted that the policy was unconstitutionally tainted by Trump’s campaign call for a Muslim ban at the border. Roberts asked whether those arguments would prevent a president from taking the advice of his military staff to launch an air strike against Syria. “Does that mean he can’t because you would regard that as discrimination against a majority-Muslim country?” Roberts asked Hawaii’s lawyer, Neal Katyal Another pivotal justice, Anthony Kennedy, suggested the travel ban was more flexible than opponents contended, pointing to a provision in the most recent version that he said requires officials to revisit it every 180 days. “That indicates there’ll be a reassessment and the president has continuing discretion,” Kennedy said.
It seems almost beyond imagination at this point that the high court will do anything other than uphold the order, based simply on the fact that Trump clearly had the authority to issue it. Nothing else matters, regardless of how badly the left wishes that were not the case. The bigger question, I think, is whether the Supremes can stop this game from going on in perpetuity. Is it possible for them to give a directive to lower courts that basically says, “Stop bringing us this nonsense”? Every time Trump passes a legal test with these orders, someone brings another legal action and finds a liberal judge who’s willing to “strike down” Trump’s perfectly legal action, forcing the matter to go all the way to the Supreme Court before we get the inevitable re-assertion that, yes, President Trump has the same authority as all other presidents and he is allowed to use it. At some point this needs to stop, or the judges who are playing this game should have to pay some sort of price for continuing it. I guess the legally available remedy is impeachment. Congress should seriously consider it for judges who are irresponsibly abusing their positions on the bench to do whatever it takes to keep the nation’s duly elected president from actually governing.

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Dan Calabrese——

Dan Calabrese’s column is distributed by HermanCain.com, which can be found at HermanCain

Follow all of Dan’s work, including his series of Christian spiritual warfare novels, by liking his page on Facebook.

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