The Ninth Circuit Court’s outrageous decision to stop Donald Trump’s travel ban from countries connected to terrorism defies logic.
The law on the matter is clear.
And Trey Gowdy’s comments sum up just how ridiculous the decision was.
Gowdy is a former federal prosecutor and state circuit district attorney.
He knows the law.
And he knows when a rogue court oversteps their bounds.
Gowdy released a statement blistering the court’s decision – and it flew in the face of the rule of law.
The Daily Caller reports:
“Gowdy said in a statement that no one should be surprised with the ruling that came from the court and that the 9th Circuit “has a well-earned reputation for being presumptively reversible. Unlike the district court order, there is at least a court opinion which can be evaluated.”
“Of particular interest is the 9th Circuit Court of Appeal’s suggestion that even those unlawfully present in the country have certain due process rights with respect to immigration,” Gowdy continued. “The Court cites Zadvydas v. Davis, 533 U.S. 678, 695 (2001) for the proposition that even aliens who have committed and been convicted of certain crimes while in the U.S. unlawfully may have due process rights with respect to travel to or from the United States. In addition, the Court ventures curiously into its own role in reviewing a President’s national security conclusions.”
Gowdy said in his statement of the 9th Circuit’s opinion reference to the 2001 case that “Legal permanent residents, non-citizens with current valid visas, non-citizens with expired visas (which were once valid), aliens with no legal standing, aliens who have committed a crime but have not yet been deported and aliens who are not even present in the United States but seek to come are just a few of the categories the Supreme Court will need to determine what process is due, if any.”
Gowdy also tweeted that the court had grown far beyond the power the Founders intended.
For those, like Alexander Hamilton, who once or now wondered if the Judicial Branch would be too weak. Wonder no more.
— Trey Gowdy (@TGowdySC) February 10, 2017
Many Americans believed the ruling was a political decision handed down by activists masquerading as judges.
Rush Limbaugh expressed their feelings when he said on his show:
“This is going to continue because this is where the left has populated themselves.
They’ve taken over the judiciary, and they are in the bowels of the bureaucracy in unelected positions. Here you have three judges on the U.S. Ninth Circuit Court of Appeals who do not have access whatsoever to national security information, presuming that they know more about national security than the president — and that because of that, they can overrule the Constitution. You know, I don’t care. It doesn’t matter to me that whoever presented the case for the Department of Justice was incompetent. That doesn’t matter.
The law is the law, and the law doesn’t matter now when it goes against the left.”
Trump and his administration now have options before them.
They can immediately appeal to the Supreme Court to get the temporary restraining order lifted.
Or they can fight the case on its merits in the Seattle court where the TRO was handed down.
Finally, they could simply draft a new executive order.
The merits and the law are on Trump’s side.
Of course, a new executive order would still invite legal challenges from the left since they are determined to thwart his Presidency at all costs, even if it harms national security and results in the loss of life.
But the main issue – which Gowdy pointed out – is the fact that the judiciary no longer operates as a co-equal branch of government.
It now hovers above Congress and the President as an unelected super legislature to make laws and usurp the power of the other branches.
