The supposed basic rule for judges is that they interpret or enforce the law, but they don't make the law. What that means is that if Congress enacts a law, the judges have to follow it, even if they don't like it. Many times, the law is unclear, so the judges have to determine what it means or how it is to be enforced. Nevertheless, if the law says "up", the judges can't decide that "down" would be better. In recent decades, however, there have been a large number of federal judges who have tried to substitute their own beliefs for the actual laws of the land. It happened again today. U.S. District Judge William Alsup issued an order preventing the termination of the DACA program. He said that the action by President Trump which ends the program was "arbitrary and capricious executive action". The decision is an abomination.
Let's back up for a moment to look at what judge Alsup has done. DACA deals with the way the federal immigration authorities will treat people who are in the country illegally after having been brought here as children prior to 2012. The federal law is clear. It says that those here illegally are to be deported; they have no right to stay in the country. Quite the contrary, they are to be removed according to the law. President Obama decided to change that law even though he did not have the power under the Constitution to do so. He created DACA which deferred removal of this group of illegal aliens. A few months ago, President Trump determined that what Obama did was illegal and he undid it. He announced that the DACA program would end in six months which comes out to March of this year. It was, perhaps, the clearest power that the President has; he undid and executive action taken by his predecessor. Trump decided that the federal government would enforce the law as written unless Congress changed that law. Since the President is duty bound to enforce federal law, it cannot be arbitrary or capricious to decide to do just that. Judge Alsup must know that; the alternative is that he is delusional. The judge knows full well that what the President is doing is well within his authority and in no way arbitrary or capricious. Judge Alsup, a liberal Democrat in San Francisco, however, doesn't like the law as written. He wants to ignore the law passed by Congress and keep DACA. In short, Alsup's ruling is an attack on the very foundation of American democracy; Alsup wants to substitute the personal feelings of a judge for the laws enacted by the people's representatives.
In a few days, there will be an appeal of this decision, most likely to the 9th Circuit. Even the super-liberal 9th Circuit ought to overturn Judge Alsup, but with the 9th Circuit, one never knows. If the order is not overturned, it will be taken to the Supreme Court which will surely reverse it (most likely unanimously).
The point here is clear: there are too many liberal judges on the federal bench who think that they can rule by their own feelings rather than by what the law requires. Fortunately, President Trump is appointing and the Senate is confirming a great many new judges who understand the proper role of a judge. The sooner the activist judges leave the bench, the better it will be for our democracy. This is not an issue that gets discussed every day, but the appointment of new judges is one of the most important things that President Trump has been doing.
Let's back up for a moment to look at what judge Alsup has done. DACA deals with the way the federal immigration authorities will treat people who are in the country illegally after having been brought here as children prior to 2012. The federal law is clear. It says that those here illegally are to be deported; they have no right to stay in the country. Quite the contrary, they are to be removed according to the law. President Obama decided to change that law even though he did not have the power under the Constitution to do so. He created DACA which deferred removal of this group of illegal aliens. A few months ago, President Trump determined that what Obama did was illegal and he undid it. He announced that the DACA program would end in six months which comes out to March of this year. It was, perhaps, the clearest power that the President has; he undid and executive action taken by his predecessor. Trump decided that the federal government would enforce the law as written unless Congress changed that law. Since the President is duty bound to enforce federal law, it cannot be arbitrary or capricious to decide to do just that. Judge Alsup must know that; the alternative is that he is delusional. The judge knows full well that what the President is doing is well within his authority and in no way arbitrary or capricious. Judge Alsup, a liberal Democrat in San Francisco, however, doesn't like the law as written. He wants to ignore the law passed by Congress and keep DACA. In short, Alsup's ruling is an attack on the very foundation of American democracy; Alsup wants to substitute the personal feelings of a judge for the laws enacted by the people's representatives.
In a few days, there will be an appeal of this decision, most likely to the 9th Circuit. Even the super-liberal 9th Circuit ought to overturn Judge Alsup, but with the 9th Circuit, one never knows. If the order is not overturned, it will be taken to the Supreme Court which will surely reverse it (most likely unanimously).
The point here is clear: there are too many liberal judges on the federal bench who think that they can rule by their own feelings rather than by what the law requires. Fortunately, President Trump is appointing and the Senate is confirming a great many new judges who understand the proper role of a judge. The sooner the activist judges leave the bench, the better it will be for our democracy. This is not an issue that gets discussed every day, but the appointment of new judges is one of the most important things that President Trump has been doing.
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