Search This Blog

Friday, February 10, 2017

It's Time To Play The Game

The Democrats have used the court system to attack President Trump and his policy with regard to making it more difficult for terrorists to get into the USA.  Right now, we have an Executive Order which cannot be carried out due to a temporary restraining order.  The President can try to appeal that court order to the Supreme Court or he can have the Justice Department go back in front of a judge in Seattle to litigate the propriety of the order.  Neither course is a good one.  The Supreme Court track puts the wrong question in front of the high court and it does so when there are only eight justices in place.  A return to the Seattle courtroom is somewhat silly because the judge there has already demonstrated a strong bias against the Executive Order and against the President himself.  The key point, however, is that these are not the only two possible courses of action.

To move forward with his plan to protect the country against terrorism, the President will have to start playing the game that the Democrats have chosen.  It may be that Trump will play the Democrats game, but he will also hold all the high cards.  Let's be clear:  if Trump withdraws the Executive Order, the restraining order becomes meaningless.  All the cases filed against the Executive Order become meaningless.  The courts lose the basis for their involvement in the matter.  In other words, Trump takes all the weapons away from the judiciary and the Democrats.

Now suppose that the President issues a new Executive Order.  This new order would be limited only to covering people in the same seven countries who have not been issued visas yet to come to the USA.  It would impose a waiting period of 100 days on the issuance of all visas to people of those countries.  During that 100 day period, full and complete vetting would be attempted.  The result would be a temporary ban on the entry into the USA of all of these people.  Since people outside the USA who have no visas clearly have no constitutional rights, the entire basis for the lawsuits would evaporate.  Even the most liberal judges would not be able to manufacture a basis to interfere.

After that Executive Order, the President could issue a second one that imposes new vetting requirements on all those who seek admittance as a refugee.  Once again, this is a move that is unassailable.

The net result would be to prevent the entry of terrorists while depriving the courts of any basis for interference.

No comments: