See You In Court

There is no doubt that the liberals on the left are angry about Donald Trump defeating Hillary Clinton. They have made this very clear in their actions and words since the election. It must be particularly difficult to accept this result since they were all set for a coronation of the first woman President and more particularly one that would continue the policies enacted by Barrack Obama.

The tactic that they now seem to favor is to challenge everything President Trump does by running to the courthouse. By forum shopping they are able to get their cases in front of sympathetic judges that were appointed by President Obama. They started out with the proposed travel ban that was not really a ban but rather a temporary delay to evaluate what security procedures are in place to prevent a questionable person from entering the United States. They challenged the second try at such a travel order. When the President said he would hold back funds for “Sanctuary” cities some of the left immediately ran to the courts to prevent enacting any of this policy.

As I read these decisions it becomes very clear that the judges hearing these cases are not reading the law but rather injecting politics in their decisions. The law is very clear in the case of any immigration policy. That authority resides with the President and absent Congress passing a new immigration bill the Executive Branch has wide latitude. The decisions become based on comments made on the campaign trail and not relying on precedent.

The real danger of this tactic is that future Presidents will have to deal with this type of activity. Right now it is working because the judges hearing the cases were appointed by a Democrat and are far more liberal than the current President. But over the next four and possibly eight years the vacancies in the Federal Court system will be filled by President Trump. So if his successor begins to take actions that the right does not like they will know they can run to the courts and they will find more judges sympathetic to their pleas.

The Constitution set up a clear separation of power in this country and this court/forum shopping is beginning to undermine that separation. The legislative body has the power to enact laws, the executive branch to enforce the laws and the judicial branch to determine if they are constitutional. In the latter there must be a heavy reliance upon law and not personal prerogatives. The law is very clear in the case of Sanctuary cities. The people being protected by the politicians in these cities are in the United States illegally. They have broken the law just by entering the country without permission or overstaying a travel visa. For local politicians to unilaterally decide which laws of the land they will enforce is inviting anarchy.

So to the political left who now think they should run to the courts to thwart everything President Trump tries to enact be careful of the precedent and template you are creating. The judges now ruling in your favor will soon be gone and they will be replaced by judges you might not like. It further breaks down the political process in place and encourages obstructionism over cooperation. It defeats the purpose of bipartisan efforts. Let each body of government do the job they are tasked with doing and activist judges should be turning these lawsuits away from the court’s door.

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