On Thursday night, the 9th Circuit Court of Appeals, which is considered by many to be the most liberal court in America, unsurprisingly ruled against reinstating President Trump’s Executive Order temporarily limiting travel from seven countries with ties to terrorism.
While liberals celebrated the court’s ruling, President Trump blasted the decision, offering a simple message on the future of his Executive Order:
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
Hans von Spakovsky, a Senior Legal Fellow at The Heritage Foundation, summed up the problems with the 9th Circuit’s ruling:
Both the judge in Washington State and the San Francisco-based circuit court have now refused to recognize the authority of Congress and the president to make this national security decision.
Neither the judge in Washington State nor the court has offered anything approaching a detailed discussion of 8 U.SC. §1182 (f), the law which specifically gives the president authority to suspend the entry of any aliens into the U.S. if he believes their entry would be “detrimental to the interests of the United States.” Unless this statutory provision is unconstitutional, the president has acted completely within the law.
Inexplicably, it then proceeds to give no deference to the president’s policy determination that a temporary suspension is necessary to ensure that adequate vetting procedures are in place.
Now, conservative hero and former prosecutor Congressman Trey Gowdy has weighed in on the court’s ruling, and his opinion could not be any clearer: the court got it totally wrong in rejecting the president’s travel restrictions. In a statement, Gowdy first points out that “The 9th Circuit has a well-earned reputation for being presumptively reversible.”
Congressman Gowdy destroy’s the court’s ruling, specifically their belief that non-citizens have a right to be in the United States:
Legal permanent residents, non-citizens with current valid visas, non-citizens with expired visas (which were once valid), aliens with no legal standing, aliens who have committed a crime but have not yet been deported and aliens who are not even present in the United States but seek to come are just a few of the categories the Supreme Court will need to determine what process is due, if any. It seems clear to most of us – not on the 9th Circuit Court of Appeals – there is no right to come to this country for non-citizens of the United States. It also seems clear judges are neither in a position, practically or jurisprudentially, to second guess national security determinations made by the Commander in Chief. There is a reason we elect the Commander in Chief and do not elect federal judges.
Congressman Gowdy is totally correct that the far-left 9th Circuit Court of Appeals’ ruling was inappropriate, but unsurprising given it’s political makeup. Not only do non-citizens not have the right to simply come and go into this country as they please, but the 9th Circuit ignores the legal precedent given to the president to decide who can and cannot enter the United States for national security reasons.
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