It’s been a bad week for those who believe in and defend the Constitution of the United States—and the week just got worse. On Monday, the Supreme Court essentially legislated from the bench when they redefined the 1964 Civil Rights Law and refused to take up 10 Second Amendment cases that would clarify the rights of Americans to “bear arms.” On Thursday, the Supreme Court did it again, this time regarding Trump’s efforts to repeal Obama’s DACA order. The highest court in the land has now apparently officially become a second branch of Congress instead of a separate branch meant to ensure the Constitution is executed to the letter of the law.
The Washington Post reported, “The Supreme Court on Thursday rejected the Trump administration’s attempt to dismantle the program protecting undocumented immigrants brought to the country as children, a reprieve for nearly 650,000 recipients known as ‘Dreamers.’
The 5 to 4 decision was written by Chief Justice John G. Roberts Jr. and joined by the court’s four liberals. It was the second stunning defeat this week for the Trump administration, as the Supreme Court begins to unveil its decision in marquee cases.
The squishy Chief Justice, John Roberts wrote, “We do not decide whether DACA or its rescission are sound policies.”
He added: “We address only whether the [Department of Homeland Security] complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.”
This is an absurd legal argument. It doesn’t matter that the Trump administration didn’t follow the proper “procedures” by providing a “reasoned explanation for it’s action,” because the Obama DACA order is unconstitutional to begin with. In fact, Trump followed the Constitution by canceling the executive order and putting the DACA ball in Congress’ court. If Congress wants to codify DACA into law, they can. That’s what a legislative body does.
Also, Trump has said that he isn’t necessarily opposed to protecting the children of immigrants. He just wants Congress to do their job and debate and pass actual legislation to do so. But Congressmembers are acting like cowards by not taking action to pass such a bill and would rather let the Supreme Court do their dirty work.
Thank God we have people like Clearance Thomas on the bench. He is the only true originalist left in the court.
Justice Thomas provided a devastating rebuke of the majority opinion by writing the following dissent:
“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision. The court could have made clear that the solution respondents seek must come from the legislative branch. The court provided a stopgap measure to protect DACA recipients, and has given the green light for future political battles to be fought in this court rather than where they rightfully belong — the political branches.”
Slow cap for Justice Thomas!
Daniel Horowitz over at Conservative Review hit the nail on the head when he wrote, “The courts are defying the law, the Constitution, and 130 years of their own settled case law that illegal aliens have no standing to sue for a right to remain in the country against the will of the political branches of government. It is they who are defying the law. Moreover, as Hamilton noted in Federalist #78, the courts ‘must ultimately depend upon the aid of the executive arm for the efficacy of its judgments.’ Thus, Trump declining to actively use his powers to violate immigration laws duly passed by Congress is not defying the courts; it’s following the law being defied by the judiciary.”
So, let’s get this straight. Obama—who was president— can enact an illegal executive order without a peep from Congress or the Supreme Court, but Trump—also a president—can’t repeal that illegal order? Try and wrap your head around that logic.
The Supreme Court has become the defender of the Obama legacy. They have no interest in upholding the Constitution and have simply turned it into a prop that they claim to support while twisting it to suit their agenda.
Horowitz wrote, “Whether it’s numerous other immigration policies, the census, or environmental and energy regulations, the courts are mandating a continuation of Obama’s presidency. They are saying that Trump cannot get rid of anything Obama did unilaterally.”
Whether one agrees with protecting the children of illegal immigrants from deportation or not is irrelevant given the current immigration laws. If the so-called “Dreamers” are to be protected, it needs to be done the old-fashioned way: Congress passes a bill and the president signs it into law. It’s School House Rock all over again. Apparently, Justice Roberts and the Liberal justices didn’t watch that program as children.
The Obama administration lives on, only they wear black robes and do his bidding while he sits on his millions. A good gig if you can get it. But meanwhile, the rest of the country suffers from a compromised Judicial Branch.