Having perfectly legal standing does not seem to matter when you come before a left-leaning activist Judge. In this case, Judge Robart has certainly exceeded his authority as a Federal Judge in interfering with President Trump’s executive order. This is an uncoordinated effort by the left to make or President powerless.
As Written By Rich Lowry for the New York Post:
If the law means anything, the Trump administration will succeed in overturning the so-called court ruling against its travel ban.
The nationwide stay of the ban issued by Judge James Robart, a Washington state-based federal district judge, is tissue-thin. It doesn’t bother to engage on the substance, presumably because facts, logic and the law don’t support Robart’s sweeping assertion of judicial authority in an area where judicial power is inherently quite limited.
This doesn’t justify President Donald Trump tweeting that Robart is a “so-called judge.” That slam earned Trump bipartisan blowback and may encourage other judges to tilt against Trump’s ban in response to a perceived threat to the independence of the judiciary. But Robart’s handiwork is shoddy and usurpatory, despite the fact that he is indeed a literal judge.
Even if you assume that the states of Washington and Minnesota have standing to pursue the litigation (Robart asserts implausibly that they “face immediate and irreparable injury” from the executive order, the heart of which is a three-month pause on most travel from seven countries), the stay falls down. It ignores our constitutional scheme and Supreme Court precedent, as the Justice Department brief seeking to reverse it persuasively argues.
First, Judge Robart is trespassing on a core executive responsibility. “The exclusion of aliens is a fundamental act of sovereignty,” the Supreme Court held in the 1950 Knauff case, “inherent in the executive power to control the foreign affairs of the nation.” The courts are not meant to second guess the executive’s conduct of foreign affairs, or intrude on its plenary power in this area. “It is not within the province of any court,” the …..
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