Sunday, November 11, 2018

Judges still in resistance mode

Image result for activist judges cartoons
President Trump is slowly but surely appointing judges. We got more examples of why a new breed of judges on the courts is long overdue.   
It’s another day so another DACA ruling hit the front pages. The latest comes from the 9th Circuit and it goes like this:   
A three-judge panel on the Ninth Circuit ruled yesterday that the Trump administration must continue the Deferred Action for Childhood Arrivals (DACA) program. 
The verdict is a head-scratcher. 
After all, no statute or regulation compels DACA. 
It is simply an invention of the Obama administration on the grounds of “prosecutorial discretion.” 
Since President Obama exercised his discretion in creating DACA, why can’t President Trump use his own discretion to end it?
Correct.  DACA was not a law passed by Congress and signed by the President.  It was created by President Obama without any congressional input.
The 9th Circuit opinion is saying this:  Obama can write an executive order but Trump can not overturn it.
When is the Supreme Court going to step in and stop this nonsense, from challenges to presidential authority from DACA to the Keystone pipeline?
The good news is that the days of governing by judges’ opinions is slowly coming to an end.  Nevertheless, don’t be surprised if every Obama appointee in the 9th Circuit writes an opinion against President Trump.  It fulfills the work of the resistance and probably generates a campaign contribution or two for the next election.
PS: You can listen to my show (Canto Talk) and follow me on Twitter.

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