The ultra-liberal U.S. 9th Circuit Court of Appeals, known as the Ninth Circus for its frequent record of being overturned by the Supreme Court, had to disregard settled basic law to uphold a Seattle federal district court judge’s restraining order on President Trump’s executive order halting admissions from seven Muslim nations. Commentator Scott McKay notes that the district court’s ruling contained virtually no law and was based on the judge’s opinion that Trump’s order and rhetoric weren’t suitably PC.
McKay notes three legal rules that are inarguable. First, that the U.S. Constitution vests plenary power in the President where foreign policy, which includes immigration, is concerned. Statute makes that power clear, giving the President authority to prevent the entry of any aliens or class of aliens he finds detrimental to the interests of the U.S.
Second, there is no constitutional right of a foreign national to enter the U.S. Any constitutional rights of aliens commence only upon their arrival in America.
Third, previous presidents have issued similar bans of travel from or to various nations based on their assessment of risk.
McKay suggests that Congress consider dividing the 9th Circuit. Whatever the outcome of this case, “legislating” liberal judges at war with President Trump and Middle America may be heading the nation toward a constitutional crisis.
Read more here: https://spectator.org/trump-the-9th/