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Tuesday, October 17, 2017

Courts Have To Follow The Law Too

A federal judge in Hawaii has once again enjoined enforcement of President Trump's executive order banning entry of citizens from certain countries into the USA.  This is the third time this court has enjoined enforcement of a version of the Executive Order.  The state of Hawaii had argued that the latest executive order is a continuation the President's "promise to exclude Muslims from the United States."  This decision by the Hawaii judge is an outrage.

The question of whether or not the President's campaign rhetoric could be used to interpret the clear language of an executive order was decided by the Supreme Court when it allowed a prior version of the order to go into effect.  The judge in Hawaii is supposed to be bound by the decision from SCOTUS.  Nevertheless, the judge just ignored the SCOTUS ruling.  As a result, there will now be an appeal to the 9th Circuit who should reverse the trial court.  Sadly, though, the 9th Circuit is the one federal appellate court most likely to also ignore SCOTUS for political reasons.  That means that eventually the case will again get to the Supreme Court.  Many months or even years from now, SCOTUS will again rule on this point and the EO will go into effect.  In the interim, however, proper legal policy of the USA will be prevented from enforcement because a liberal judge in Hawaii believes that somehow he is above the rules that govern all judges, indeed, that he can just ignore doing his job properly so as to satisfy his own political desires.

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