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Trump: U.S. court system ‘broken and unfair’


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By —— Bio and Archives January 11, 2018

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Trump: U.S. court system 'broken and unfair'
You know the media coverage on this is going to make Trump sound like a petulant child, but he’s right for all the reasons we’ve discussed in this space continually over the course of the past year. Democrat-appointed federal judges are on a mission to find any excuse they can think of to strike down Trump’s executive orders, regardless of whether he has the constitutional authority to issue them.

Hawaii’s Derrick Watson has been the worst offender with his continual rulings against the travel ban, even though everyone knew Watson would get overturned by the Supreme Court since there was no legal basis to his rulings. California’s William Alsup is not much better, and he’s playing the exact same game. Alsup probably knows the Supremes will reverse him (they’ve already done it once), but he doesn’t care. He’s the judge and if he has a chance to take a piece of flesh out of Trump, darn it, he’s going to do it.

U.S. President Donald Trump blasted the federal court system as “broken and unfair” on Wednesday after a judge blocked his administration’s move to end a program protecting young immigrants brought to the United States illegally by their parents.

A U.S. District Court judge in San Francisco ruled late on Tuesday that Deferred Action for Childhood Arrivals (DACA), which Trump has said he will end, should remain in effect until legal challenges brought in multiple courts are resolved.

Under the administration’s plan, the program for young people commonly known as “Dreamers” would be phased out over a two-year period, beginning in March.

“It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) ... almost always wins before being reversed by higher courts,” the Republican president wrote on Twitter.

U.S. District Judge William Alsup, who made the ruling, is in the Northern District of California. The administration did not immediately appeal the decision, which would typically next go to the 9th U.S. Circuit Court of Appeals, but the Justice Department said in a statement it would “continue to vigorously defend this position, and looks forward to vindicating its position in further litigation.”

Some legal experts predicted the Trump administration would be successful if it appealed the ruling to the Supreme Court. In December, the highest court granted an administration request to block an earlier Alsup order that called for the release of internal documents related to the government’s DACA decision.

What’s broken and unfair about the court system is that Democrat judges aren’t basing their rulings on the law

What’s broken and unfair about the court system is that Democrat judges aren’t basing their rulings on the law. They’re assuming the role of quasi-legislators, and in some cases quasi-presidents. They strike down policy decisions because they personally disagree with those decisions, not because there wasn’t a legal basis for the decisions to be made.

I don’t expect Trump to get any sympathy from his political enemies, but people who care about the law should be troubled about this regardless of which side they support. If anyone can run to a federal judge to block any presidential decision whatsoever, and the judge is willing to do so regardless of the law, then no president can govern. He can take all the care in the world to make sure his actions are constitutional, and consistent with both case law and statutory law, and it won’t matter in the slightest because judge-shopping activists will find some federal judge somewhere to concoct a legal pretext for striking it down.

That’s exactly what judges like Watson and Alsup have been doing throughout Trump’s first year in office. There have always been legal challenges to presidential actions, and at times they’ve had merit. I’m not arguing that no presidential action should ever be struck down by the courts. But judges should take care to make sure there’s a legal reason to do so. Trump tormenters in robes, like Watson and Alsup, have already written their rulings before they even hear the case. They just need to come up with a rationale, and since they’re determined, you know they’ll think of something.

I don’t care how petulant Trump sounds in his complaint about this. He’s right. And short of Congress impeaching some of these judges who simply ignore the law, the only solution is for Trump to fill as many vacancies on the federal bench as he can, as fast as he can, with judges who respect the Constitution and the law. And the limits of their own authority.


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

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