The courts ignored the rule of law
Liberals and the media have been accusing President Trump of ignoring the rule of law, declaring his travel moratorium as “unlawful” and “unconstitutional.” In reality however, Washington state federal Judge James L. Robart and the Ninth Circuit Court of Appeals are both ignoring the rule of law.
First, Judge Robart never addressed the Immigration and Naturalization Act of 1952 where in Section 212(f), 8 U.S.C. Code 1182(f) in which Congress conferred upon the Commander-in-Chief the sole power to restrict immigration, probably because only the president receives daily intelligence briefings. Instead Robart arbitrarily decided that he hasn’t heard of any terrorist attacks from people from these countries, and cavalierly took the Command-in-Chief’s responsibility for national security upon himself.
The liberal courts ignored the fact that the Supreme Court conceded to Congress, the sole power over restricting immigration “without judicial intervention” in 1895. Justice Steven Field wrote in the majority opinion, ““The power of Congress to exclude aliens altogether from the United States, or to prescribe the terms and conditions upon which they may come to this country, and to have its declared policy in that regard enforced exclusively through executive officers, without judicial intervention, is settled by our previous adjudications.”
In 1952, when Congress had conferred that power to Congress Supreme Court Justice Felix Frankfurter wrote in his majority opinion “We [the courts] are not prepared to deem ourselves wiser or more sensitive to human rights than our predecessors … and must therefore under our constitutional system recognize congressional power in dealing with aliens.”” he wrote
The fact the Ninth Circuit Appeals Court upheld Robart’s decision only underscores the court’s refusal to address the law, the Constitution, and over a century of case law, and instead addressed their feelings, which means their decisions were purely for political reasons.
Ray Bettys Red Hill, PA