Progressives now pick and choose what to obey
In the logic of his 43-page ruling, U.S. District Court Judge Derrick Watson seemed to strike down the travel ban based on his own subjective opinion of a president’s supposedly incorrect attitudes and past statements.
Some 500 “sanctuary” cities and counties have decided for political reasons that federal immigration law does not fully apply within their jurisdictions. They have done so with impunity, believing that illegal immigration is a winning political issue given changing demography. In a way, they have already legally seceded from the union and provided other cities with a model of how to ignore any federal law they do not like.
The logical end is no immigration law at all — and open borders.
There is a federal law that forbids the IRS from unfairly targeting private groups or individuals on the basis of their politics. Lois Lerner, an IRS director, did just that but faced no legal consequences.
Perhaps Lerner’s exemption emboldened New York Times columnist Nicholas Kristof to invite IRS employees via social media to unlawfully leak Donald Trump’s tax returns. Later, someone leaked Trump’s 2005 tax return to MSNBC.
There are statutes that prevent federal intelligence and investigatory agencies from leaking classified documents. No matter. For the past six months, the media has trafficked in reports that Trump is under some sort of investigation by government agencies for allegedly colluding with the Russians. That narrative is usually based on information from “unnamed sources” affiliated with the FBI, NSA or CIA. No one has been punished for such leaking.
The leakers apparently feel that prosecutors and the courts do not mind if someone’s privacy is illegally violated, as long as it is the privacy of someone they all loathe, like Donald Trump.
The logic seems also to be that we need only follow the laws that we like — and assume that law enforcement must make the necessary adjustments.
There is one common denominator in all these instances of attempted legal nullification: the liberal belief that laws should “progress” to reflect the supposedly superior political agenda of the left.
And if laws don’t progress?
Then they can be safely ignored.
But when the law is what we say it is, or what we want it to be, there is no law. And when there is no law, there is not much left but something resembling Russia, Somalia or Venezuela. Victor Davis Hanson is a classicist and historian at the Hoover Institution, Stanford University and the author, most recently, of “The Father of Us All: War and History, Ancient and Modern” You can reach him by emailing author@victorhanson.com.