As everyone must know by now, last week, US District Judge Jon. S. Tigar ruled to block President Donald Trump’s asylum ban.
Tigar’s ruling has led to a verbal barrage between Trump and Supreme Court Justice John Roberts. Trump accused Tigar, an Obama appointed judge, of misusing his position on the bench to push his liberal agenda and wrongfully block Trump from trying to protect America from a migrant invasion that could easily contain criminals, gang members and worse.
Roberts responded by saying that there are Obama judges, Bush judges, or Clinton judges and that all federal judges are doing a good job. Roberts blindly defended the federal judiciary, refusing to see the obvious of how so many Obama and Clinton appointed judges have illegally blocked a number of Trump actions.
Roberts also fails to acknowledge the fact that when it came to the Supreme Court’s hearing and ruling on same-sex marriage, that Justices Ginsberg, Kagan and Sotomayor were legally obligated to recuse themselves (Ginsberg had already presided over several same-sex weddings and both Kagan and Sotomayor had previously expressed their support).
Despite what Roberts said, it is obvious that there are liberal judges that have ruled more on agenda than on the Constitution and law.
However, in light of what the Constitution says, Tigar was right in ruling that Trump could not legally make a change to a law that had originated and passed by Congress.
Yet, the silence of the same federal courts when Barack Obama repeatedly did the same thing, should present a legal precedent that Trump and his attorneys could use in Trump’s defense.
A year before the Supreme Court ruled that some of the major provisions in the Defense of Marriage Act were unconstitutional, Obama instructed then Attorney General Eric Holder to stop the Department of Justice from enforcing the Act. The Defense of Marriage Act originated in and was passed by Congress, and therefore, Obama had no legal grounds for the instruction he gave Holder and DOJ, but the courts remained silent.
Current immigration laws originated in and were passed by Congress and yet Obama selected what parts he wanted to enforce and which parts he opted to not enforce or change. Without the approval of Congress, Obama had no legal grounds for his actions concerning the federal immigration laws. Yet, the courts remained silent and allowed Obama to violate the US Constitution AGAIN!
The Affordable Care Act originated in and was passed by Congress and yet Obama took it upon himself to make a number of changes to what is known as Obamacare. On one occasion, he extended the date of implementation for employers and he did it without the approval of Congress. He made several others changes and yet, the federal courts remained silent, giving their mute consent to Obama’s unconstitutional actions.
Congress acted to freeze federal money and the sale of military fighter jets to Egypt, due to the terrorist activities of the ruling Muslim Brotherhood. Obama took it upon himself to free up the millions of dollars and approve the sale of the 20 fighter jets and he did it without the approval of Congress. And yes, the federal courts remained silent and again allowed Obama to violate the US Constitution.
Therefore, #1, yes it appears that Judge Tigar ruled to hold Trump to a much higher standard than what Obama was held to and #2, based on the silence of the federal courts concerning Obama’s numerous identical actions, Trump should have the legal precedent to issue the ban; and #3, the president has the constitutional rights to take such measures as to protect the United States from any and all foreign threats of which the migrant caravans do pose.
The opinions expressed by columnists are their own and do not necessarily represent the views of Barb Wire.