As we discussed yesterday, the U.S. Court of Appeals for the Fourth Circuit is using it’s 10-5 Democratic majority to railroad the Trump administration based on hearsay, their own conjecture of Trump’s motives, and a host of other typically inadmissible information in a court of law.
The Court even reached back to December 7, 2015, nearly a year before Trump was elected president, to cite a “Statement on Preventing Muslim Immigration” that was posted on Trump’s campaign website by someone unknown. No court has ever relied so heavily on campaign rhetoric by a presidential candidate in order to invalidate actions he took after he became president.
Trump was, after all, ultimately elected president, based largely on his strong opposition to uncontrolled immigration and his promise to stop it. Under the logic of the Fourth Circuit, President Trump could be acting unconstitutionally just by sitting in the White House.
As pointed out by the Republican-appointed judges who dissented, the Fourth Circuit decision was wrong for at least three different reasons.
First, the Fourth Circuit ignored the clear precedent in favor of deferring to the president's authority to exclude aliens from the United States. Few matters are as clearly within the exclusive authority of the legislative and executive branches as immigration is.
Second, the Court invented out of thin air a new rule that allows mere campaign statements to be used against a president as he exercises his authority in the White House. Judges thereby inject themselves into the political process in a way never contemplated by the Founders.
Third, the Fourth Circuit vastly expanded the misuse of the Establishment Clause to sacrifice even national security on the altar of the phony “separation of church and state.” As the dissenters pointed out, this expanded view of the Establishment Clause is “totally unworkable and inappropriate under any standard of analysis.”
For now, the White House seems content to climb the ladder one more time, hoping for a 5-4 win before the Supreme Court.
But what if the Supreme Court rules against President Trump and the will of the People as the Fourth Circuit did? The Trump Administration needs to develop a “Plan B” that prevents the will of the People from continuing to be thwarted by judicial supremacy.