Saturday, February 4, 2017

'Muslim ban' injunction is a judicial coup against President Trump

Federal district judge James Robart of Seattle ordered a complete, nationwide temporary restraining order against President Trump's temporary ban on visitors from seven Middle Eastern countries.  If you read the ruling, as I have, you can see that this is clearly unconstitutional on its face, and constitutes a judicial coup against President Trump and the executive branch.
1) The standards for granting a temporary restraining order are quite high.  The plaintiff must show that he is likely to succeed on the merits and will suffer irreparable harm if the injunction is not granted.  Here the people from the excluded countries cannot show irreparable harm – only that their entry to the United States will be delayed.  And they are unlikely to succeed on the merits, because the president has no obligation to let foreigners into the country.  On the contrary, there may be irreparable harm if the temporary travel ban is lifted, as terrorists may enter the country and kill people.
2) By the way, the plaintiffs here aren't even the people from the excluded countries.  They are the states of Washington and Minnesota, who claim that their citizens will be harmed if the temporary ban is not lifted.  Perhaps Microsoft is being deprived of some cheap labor.  It's a flimsy argument at best.  This ruling has no substantial effect on states' residents, contrary to what Judge Robart has said.
3) President Trump clearly has discretion to decide whom to admit to the United States and whom not to when it comes to admitting people who are not citizens.  Foreigners do not enjoy the protection of our Constitution.  The fact that a citizen may incidentally benefit from a foreigner coming to America doesn't mean that that citizen has standing.

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