New Immigration Executive Order From President Trump, and the Many Flaws in the Ninth Circuit’s Ruling

The Ninth Circuit Court of Appeals ruling on the Trump immigration order (the “Trump Order“) is flawed on several levels.  The court’s analysis is shockingly poor and disturbing for a variety of reasons.  We do not reach this conclusion because we agree with the Trump Order, for we take no position on it.  Rather, the court’s ruling would set dangerous precedents, particularly regarding a president’s power to act quickly to protect the country.  At the least, the key parts of the ruling addressing (or failing to address) constitutional issues for non-resident aliens will likely not survive the Supreme Court.  But the court’s ruling makes clear at least one thing.  The Trump Order was poorly drafted.  President Trump will likely soon follow with a new immigration executive order, if he truly believes national security requires it.

We briefly look at the what and why of a new order.  Then we provide a detailed review of the numerous flaws in the Ninth Circuit’s analysis. Continue reading “New Immigration Executive Order From President Trump, and the Many Flaws in the Ninth Circuit’s Ruling”

Judge Gorsuch’s Path to Confirmation is Open – His Fate is in His Own Hands

The road for Supreme Court confirmation for Judge Neil Gorsuch is clear. The likelihood of Democrats using the filibuster to prevent a vote on Judge Gorsuch is diminishing.  There are now three avenues towards confirmation, and the first and easiest (an actual direct vote) is becoming more probable.  Judge Gorsuch’s path to confirmation thus appears wide open.  His fate is likely in his own hands.  He will have to successfully navigate the waters of the Senate hearing process, which no doubt will be hazardous – but the way is open.

Judge Gorsuch's Path
Supreme Court Nominee Neil Gorsuch

Let’s take a look at the three available roads to confirmation, and why it is highly probable Judge Gorsuch will have his vote. Continue reading “Judge Gorsuch’s Path to Confirmation is Open – His Fate is in His Own Hands”

Judge Gorsuch is His Own Man – His Criticism of Trump Proves It

Democrats wondered aloud, and loudly, whether Judge Neil Gorsuch was independent of President Trump. Well we now know that, indeed, Judge Gorsuch is his own man.  Just three days ago a Washington Post story styled “Trump Blasts at Judge Raise Questions for Gorsuch on Independence” highlighted Democrats doubts.  Democrats, the Post stated, challenged Judge Gorsuch “on an important but elusive issue.  Is Gorsuch independent enough, they ask, to stand up to the president who picked him?”  Today we received the most reassuring, and gratifying, answer.  Judge Gorsuch is independent.  He can think for himself and is beholden to no one.  He is no lackey to President Trump. Continue reading “Judge Gorsuch is His Own Man – His Criticism of Trump Proves It”

Trump’s Moral Leadership – It’s Time to Start, Mr. President

When America leads from the moral high ground, it leads best.  The United States is an imperfect country, but it need make no apologies for its imperfection.  Others have a different moral compass than Americans. They do not share our country’s vision for human life. We think Russia, Iran, and China, for starters.  They may prefer control, restriction, repression, and more over their own peoples.  They have visions of imperialism and domination over others, and a willingness to utilize force and murder to achieve that domination.  We expect American leaders to face down these philosophies of tyranny, oppression and domination.  And that starts with moral leadership on the world stage.  Which leads us to President Trump’s recent comments regarding Russia.  And to Trump’s moral leadership.

Trump's Moral Leadership
Seneca, the Stoic

A leader must persuade.  To persuade he must have integrity; he must be trusted.  Moral leadership requires a leader who can guide by example.  A moral leader for the United States is someone who understands America’s core values, and who will represent them.  He represents those values accurately and consistently. As the stoic Seneca put it, “noble example stirs us up to noble actions.”  Can President Trump be a moral leader for the United States? Continue reading “Trump’s Moral Leadership – It’s Time to Start, Mr. President”

Federal Court Analysis of Trump Order is Flawed – Boston Court Has it Right

U.S. District Court Judge James Robart entered a temporary restraining order on Friday, preventing implementation of President Trump’s immigration order.  Judge Robart applied his directive on a nationwide basis.  The only problem with this Federal court analysis and the monumental judgment is that it is wrong.  Judge Robart’s written opinion cited no authority, constitutional or otherwise, to support his judgment that the States involved “are likely to succeed on the merits . . . [and that] the States are likely to suffer irreparable harm . . . [and that] the balance of the equities favor the States.”

We aren’t surprised by Judge Robart’s failure to cite legal authority.  His was an extraordinary decision.  In a case where the President of the United States cited a national security purpose for his executive action, Judge Robart struck down that judgment and substituted his own.  At the very least, a Federal court judge owes the American public a complete dissertation explaining why the President is wrong and he is right.  He offered up nothing.

Continue reading “Federal Court Analysis of Trump Order is Flawed – Boston Court Has it Right”

Wave of Illiberalism Across America – The Worst Angels of an NYU Professor

A wave of illiberalism is rolling across America.  Once our great universities were the brightest beacons of free thought and free expression.  They were great bulwarks against intolerance.  Today, they are devolving into bastions of bombast, fanaticism, dogmatism and hatred.

We have great faith in the power of freedom of speech.  Our country was founded on it.  Our future depends on it. Without freedom of speech, the grand traditions of liberalism will perish.  So long as we cherish and preserve free speech in the United States, wisdom will ultimately triumph.

We fear no idea in the marketplace of ideas.  The American tradition welcomes them all, including offensive and even abhorrent ideas.  Perhaps, especially offensive and abhorrent thoughts.  Because those ideas and thoughts will not, in the end, survive the raging rapids of human turmoil. They will not prevail against the essential light of the human spirit.  And it is the failures of those offensive ideas, laid bare for all to see, that push humanity ever closer to the better angels of its nature.

We Must Roll Back the Rising Wave of Illiberalism

Continue reading “Wave of Illiberalism Across America – The Worst Angels of an NYU Professor”

Democrats Supreme Court Blueprint – Avoid Nuclear War

The Democrats Supreme Court blueprint for the Neil Gorsuch fight is evolving.  And it must. Democrats must cool off from the first weeks of the Trump presidency or they risk stumbling into a disaster.  They must focus dispassionately on their long-game.  And there’s a very important long-game to be played, with very serious consequences to the Democrats and their agenda if they play it wrong.

The Republicans Will Not Allow the Court’s Ideological Balance to Shift

The Court’s composition with Justice Scalia was reasonably divided.  Four progressives, four “conservatives,” and one swing vote.  His death opened a seat on the conservatives side.  His replacement with another conservative justice does not alter the Court’s balance.  The Republicans will not tolerate a shift. Continue reading “Democrats Supreme Court Blueprint – Avoid Nuclear War”

Sally Yates Violated Her Duties – A Poor Reflection on the Justice Department

The hubbub about former Acting Attorney General Sally Yates’ heroic or un-heroic stand ignores the central issues raised by her conduct.  Let’s be unpolitical and as impartial as possible, and take a hard look at what happened here.  Let’s ignore that she is a Democrat and that the President is a Republican.  None of that matters.   The conduct of the Attorney General of the United States, whether acting or otherwise, must be beyond all reproach.  In our view, what occurred here is one of the lowest moments in the history of the Department of Justice of the United States.  Sally Yates violated her duties.  We explain. Continue reading “Sally Yates Violated Her Duties – A Poor Reflection on the Justice Department”

More Political Hypocrisy – The Sad Tale of Senator Jeff Merkley

Our campaign against political hypocrisy continues.  This has become a full-time avocation.  The latest sad entry comes from Oregon Senator Jeff Merkley, one of the key architects of the November, 2013 change to the Senate filibuster rules.  It seems that Senator Merkley, a strong proponent of eliminating the filibuster, has become the filibuster’s greatest champion.  It took less than four years, and a change in the party of the presidency, for this remarkable turnaround.  It’s another example of why faith in our political leaders is at an all-time low.  When will anyone – anyone – stand up on consistent principles?  It’s more political hypocrisy.

The principled Senator Merkley has a deep and enduring respect for his Constitutional responsibilities.  So, according to Senator Merkley, should the filibuster be available to the minority side in the Senate?  Well of course not – except when “we” are the minority.  All of which somehow allows him to claim the moral high ground when it comes to U.S. Supreme Court nominations.  Is there more political hypocrisy here?  You be the judge. Continue reading “More Political Hypocrisy – The Sad Tale of Senator Jeff Merkley”

The Constitutionality of Trump’s Immigration Ban: Is it Permissable? – A Debate

This debate involves the constitutionality of Trump's Executive Order "Protecting the Nation From Foreign Terrorist Entry Into the United States" (the "Order").  The debate also offers statutory analysis for and against the legality of the temporary ban.  Readers may weigh-in with their view.

Before jumping into the debate, there are several key elements, among others, to consider.

First, the President's authority to act.  President Trump cites both his Constitutional authority as President, and authority under relevant statutes.  The laws he relies on include the Immigration and Nationality Act (INA), and Section 301 of Title 3 of the United States Code.

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