I am going to write an article or post on the myth of law… But this 9th circuit decision to not reinstate Trump’s order to temporarily stop immigration from 7 countries is really getting to me. Here is a letter I’d write Trump:
Dear Mr. President,
In light of the 9th circuit decision yesterday, it should clear too all how “political” the courts have become. I applaud your rebuke of the courts and vow to fight back.
However, as President, you should not have to rely just on “courts” to tell you what you can or cannot do. You – and Congress – have just as much power and say in what is “Constitutional.” It is a travesty that courts today think that they alone have “exclusive” and “supreme” authority to pronounce the Constitutionality. But what makes that attitude so appalling is that over the last few decades, Congress and Presidents seem to have gone alone and abdicated their traditional roles.
It’s time for a reset.
If legal minds in your administration believe your order is Constitutional, then you should just go ahead and do it.
The 9th circuit clearly chose to overlook White House Counsel Don McGahn legal memo in reaching its decision that your order may raise “due process” concerns. That is clearly irresponsible. Even if your original order may have been worded too broadly, the important thing is if you believe you have put in sufficient efforts to implement your order in a fair and “Constitutional” way.
In many ways, the proceedings in the 9th circuit have been a circus, with justices entertaining arguments over your “intent” and alleged “prejudice.”
Can you imagine the courts doing this to any other President?
Your opponents have become radicalized by calling you names: you are “racist”, “hateful,” “fascist,” etc. Such caricaturization is at the root of today’s divisive politics. It describes more about your detractors than you. The politics of divisiveness, racism, and hate have now moved into a court of law!
If the court gets to analyze policy as well as “intent” of leaders in other branches of governments, to apply “equality” to all areas of political realm, it has effectively abolish the other two branches of government in implementing its on vision of what is good and fair for the American people. Concentration of power is what the framers of the Constitution wished to avoid at all costs, whether it be concentrated at the Executive, Legislative, or Judicial branch.
I know you have vowed to take this to the “Court.” But you are the President, not just a regular citizen, and you must stand up for your office – against the courts if needed. Standing up to them now is just as important as standing up to ISIS as part of your duty to “preserve, protect and defend the Constitution of the United States.”
One final thing: it’s been recently reported that your Supreme Court nominee Gorsuch had called your rebuke of the courts “disheartening” and “demoralizing.” It is clear that Blumenthal had twisted those words to attribute to you. What is truly “disheartening” and “demoralizing” to Conservative jurists like Blumenthal is what the courts have become these days – an activism that has compelled a sitting president to have to push back like you have.