As expected, the judges of the 9th Circuit Court of Appeals ruled against the Trump Administration yesterday. But let's be clear about the ruling. The court DID NOT declare the president's executive order unconstitutional.
This was a ruling only on a procedural motion -- lifting the injunction against the order's enforcement. It did not address the merits of the case or the constitutionality of the order.
Fox News legal analyst Judge Andrew Napolitano noted that yesterday's ruling never referenced the federal law President Trump relied upon when he issued the order. The judges were substituting their opinions for the law.
Liberal Harvard Law professor Alan Dershowitz agrees with Judge Napolitano, saying, "Look, this is not a solid decision. This is a decision that looks like it's based more on policy than on constitutionality. There are many, many flaws."
Five years ago, the liberal majority on the U.S. Supreme Court struck down laws Arizona passed to address problems created by the Obama Administration's refusal to enforce our immigration laws.
In his majority opinion, Justice Anthony Kennedy declared: "The National Government has significant power to regulate immigration. Arizona may have understandable frustrations . . . but the State may not pursue policies that undermine federal law."
Professor Jonathan Turley, another liberal legal eagle, told MSNBC: "I still think that the law favors the administration once you get to the merits. . . the courts have been highly deferential to the president, and they generally don't second-guess."
Turley went on to say that the Obama Administration claimed that the executive branch had so much power over immigration that "[President Obama] could even refuse or order the failure to enforce immigration laws. . ."
The Trump Administration has few good options going forward. The problem in this case isn't the law. It is left-wing judicial activism at every level.
The administration could request a review by the full 9th Circuit Court of Appeals. But asking more liberals to review a liberal decision is unlikely to produce a different result.
The administration could appeal directly to the Supreme Court, which is split 4-to-4. But as clear as the precedent may be, politics is obviously getting in the way. Justices Ginsburg, Sotomayor, Kagan and Breyer are unlikely to do President Trump any favors.
When it comes to the law, liberals have never been known for consistency. That is the problem with left-wing judicial activism -- it is constantly substituting prevailing liberal opinions for the law. They simply make it up as they go.
Some have suggested that President Trump may be better off starting over with a new executive order or perhaps new legislation from Congress that utilizes its Article III, Section 2 authority to limit the jurisdiction of the federal courts.
But think about this: Do you recall after 9/11 how quickly the media and the left began to blame the Bush Administration for not doing enough to prevent the attack?
It came out later that there had been warnings that something big was being planned. The left asked, "Why didn't Condoleezza Rice figure out that Al Qaeda was going to use airplanes as missiles?"
Sixteen years after this war started (four jihadists were arrested in France today), Donald Trump came into office determined to do everything possible to prevent another attack. Now the same liberals and the same media that attacked Bush for not doing enough are attacking Trump for doing too much!
By Any Means Necessary
Yesterday I wrote about the leaders of the Berkeley riots who were happy with the damage they caused. Their group is called BAMN, an acronym that stands for "By Any Means Necessary." That is the mantra of the entire left-wing complex, which is determined to stop Trump by any means necessary.
Allow me to remind you of some recent events, all of which have been thoroughly documented:
· Paid agitators sent to cause violence at Trump rallies. . .
· A massive propaganda effort to convince us that Russia stole the election. . .
· An unprecedented effort to intimidate electors into betraying the will of the voters. . .
· An unprecedented boycott of the inauguration by liberal members of Congress. . .
· Thousands of demonstrators sent to harass Americans at the inauguration. . .
· Senators refusing to show up at committee hearings to prevent votes on cabinet nominees. . .
· The slowest confirmation of cabinet nominations in modern history. . .
· Widespread civil disobedience of elected officials refusing to cooperate with the federal government. . .
· Repeated smear campaigns against decent men and women using the most disgusting charges of racism and bigotry. . .
· Civil servants plotting with former political appointees, even using encryption technology, to sabotage the administration. . .
· The growing use of fascist tactics to shutdown free speech and deny civil rights. . .
· Multiple media outlets suggesting the president is mentally unstable or promoting his assassination. . .
This is the bitter fruit the left has produced.
Ignorance Is Killing Us
Earlier this week, hundreds of New York City high school students walked out of their classes to protest President Trump's immigration order. As Jesse Watters quickly discovered, they had no idea what they were protesting.
Beyond the sheer level of ignorance, what really got my attention were the signs in the crowd which read, "Punch A Nazi." Well, we all hate Nazis -- the modern definition of evil.
Here's something to consider: Even though the Nazis lost World War II, do they have heirs today? Yes, they do. The Nazis of today are the extremists Trump is trying to keep out of our country. They are lslamofascists.
What were the Nazis known for? Their obsessive hatred of the Jews. Most of the countries identified in the president's order ban travel by Israelis to their countries. One nation, Iran, calls for a second Holocaust.
The Nazis also hated Christianity. Hitler felt Germany was cursed because the country was Christian and not Muslim. Who are the anti-Christians today? The Islamofascists. It is ISIS that is beheading Christians and committing genocide. It is no accident that there are so few churches in Iran, Yemen, Somalia, Libya, Sudan, etc.
Sadly, the ignorance on parade in the streets of New York City is what happens when you have a country that no longer teaches its children real history and which no longer values patriotism.
If the kids in the streets of New York want to punch real Nazis, they should join the U.S. military, which is punching them right now on multiple battlefields.