More hope.
Last night, the United States Court of Appeals for the 9th Circuit upheld the restraining order for Executive Order 13769 “Protecting the Nation from Foreign Terrorist Entry Into the United States.” (The Government requested a decision to stay the restraining order.)
Full text is here.
The single statement I want to make today is that I feel so relieved to see our government system of checks and balance at work, successfully, as my one fear of this presidency is the power grab that has been so obviously attempted (and is ongoing) by the Republican Congress, led by Mitch McConnell, and by the frightening trinity in the White House (Donald Trump, Steve Bannon, Kellyanne Conway).
This is no way means that we should “give up the fight.” It means I’m feeling better about the integrity of the system. But I also believe that the fourth branch of government — the people — must continue to be vigilant. Because if we’re not, then nothing will go to the courts. So, stay the course, people, it’s working!
There were essentially two things that I, personally, focused on in this case.
- The President’s assertion that his decisions are “unreviewable.” Why? Because it sets him up with too much power to make sweeping decisions with the stroke of a pen, that impact human beings who have lives, loved ones, and property.
- Specifically, the impact to people who have already been granted visas, green cards, and permission to stay in the United States, and especially those who are situated here already with homes, jobs, families, friends, and “stuff” that simply belongs to them. Many of them were immediately prevented to returning to their homes and lives – what are they supposed to do? They’ve already been cleared. If there is a concern that they are a risk, bring them home, and continue your vetting.
So, after reading the decision, in its entirety, I offer this easy-to-follow (although admittedly with some personal bias likely) interpretation:
Government (aka, Trump): “You aren’t the boss of me! I’m the freaking President, and what I say goes! You don’t have the right to question anything I decide!”
9th Circuit Court: “um… yes we do.”
States (aka, the People): “Hey, you can’t just leave people stranded and take away their life, liberty, or property without Due Process!”
Government: “Of course we can! These people aren’t American citizens, therefore they have not rights, so we can treat them any way we want.”
9th Circuit Court: “um, no you can’t. They have Constitutional Rights.”
Government: “But, White House counsel already said the Executive Order won’t apply to lawful residents!”
9th Circuit Court: “Seriously? Who is this guy? He’s not the boss of you, and in fact, he’s not really the boss of any of the Executive Departments.”
States: “Religious discrimination! This is a Muslim ban. Trump said so.”
9th Circuit Court: “Good point. Looks like maybe. Let’s talk about this some more.”
Government: “Tell them to stop it and let me do what I want!”
9th Circuit Court: “Nope. DENIED!”
