An appalling example of FAKE LAW was generated when two Federal Judges in two different cases rejected President Trump’s executive order restricting entry into the country of nationals of six Terrorist originating foreign countries for 90 days and suspending refugee admission for 120 days. There are 195 other countries for refugees but the so-called refugees who are really economic migrants, the judiciary has it’s heads in the sand when it comes to defying President Trump. Nothing will do for the courts except to rule against President Trump.
The benefit to the Republican party is that when the Democrats get in power the Republicans have powerful weapons to use against the likes of Hillary or someone like Obama.
A Hawaiian federal district judge rejected the presidents common sense claim that the six terrorist exporting nations posed special security threats to Americans . . . (on this, the Trump and Obama administrations are aligned) and concluded the President’s ORDER violated the establishment clause. Relying principally on their mis-interpretation of obscure dicta from Justice David Souter’s opinion for the Supreme Court in McCreary County v. ACLU (2005), the court held that the “unique,” “remarkable” “historical context” of the order, “full of religious animus, invective, and obvious pretext,” tainted it with anti-Muslim bias and therefore evidenced a purpose to make a law respecting an establishment of religion. The absolute judicial lunacy should have triggered a crazy person at large response from normal Americans.
Enraged legal academics have manufactured grotesque theories about the emoluments clause, the Electoral College, and the establishment clause just to bring him down.
As more courts succumb to similar Trump-hatred in the exercise of their constitutional duties, the damage to the law’s legitimacy and to the institution of the judiciary will only intensify. As with fake news, it is one of the pathologies of FAKE LAW that we are likely to forget what real law looks like. Soon enough, we won’t even know the difference.
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