UPDATED: Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals

Constitution,Critique,Donald Trump,Homeland Security,IMMIGRATION,Iran,Justice,Law,Neoconservatism

“Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals” is the current column, now on Townhall.com. An excerpt:

Read the judicial rules for radicals issued by the United States Court Of Appeals for the Ninth Circuit, in affirmation of the ban on The Ban. It follows the Executive Order issued by President Donald Trump, with the imprimatur of 62 million voters, to protect the nation from foreign terrorists entering into the United States. Two states objected to the president’s undeniably badly written Order, which, while upholding negative rights—and neither denying natural rights nor minting positive ones—was nevertheless replete with administrative errors.

Acting as coequal partners in the administrative tyranny the president is trying to break, the two states issued a temporary restraining order against “Protecting the Nation from Foreign Terrorist Entry into the United States.” (I can already hear the election midterm ads.)

In the corner for the Deplorables was a government lawyer. August Flentje Esq. had “argued” (if you can call it that) for an emergency stay of the Washington State district court’s temporary restraining order against the president. The three Ninth Circuit jurists who heard the case said no.

CAREER GOVERNMENT LAWYERS. If you’re good at what you do, you look to make it in the private sector (as our president did, before he did us a favor). If not, you seek sheltered employment (as President Trump’s predecessor did). Clearly, clerking for the Supreme Court, as August Flentje had done, doesn’t mean a whole lot.

In presenting the oral arguments for the president and the people, Flentje evinced a level of incompetence that spurred the Bench to the heights of usurpation. For example, when The Court caviled about an alleged lack of evidence for the necessity of the “travel ban,” not only did Flentje fail to provide it, but he failed to question the need for this evidence based on the scope of the president’s constitutional, executive power in matters of nation security.

Mr. President: You promised to hire the best. Alan Dershowitz is champing at the bit. Kris Kobach would kill it in any court. (Jonathan Turley is soft. Don’t touch Fox News’ tele-judges.)

Helped by the poor job stumblebum Flentje did in arguing the president’s prerogative and position, the Ninth Circuit judges usurped President Trump’s constitutional authority, substituting their own judgment for his. The three refused to lift the ban on the ban and reinstate an Executive Order that was never meant to be subjected to judicial review, in the first place.

GEORGE W. BUSH’S LAWYER. Those on the Right who opposed George Bush during his presidency (check) were vindicated yet again. In the nooks-and-crannies of our command-and-control judiciary, Bush had squirreled away a jurist as bad as John G. Roberts Jr.

Recall, Roberts, chief of the country’s legal politburo of proctologists, rewrote Obama’s Affordable Care Act. He then proceeded to provide the fifth vote to uphold the individual mandate undergirding the law, thereby undeniably and obscenely extending Congress’s taxing power. (Lazy government worker Paul Ryan still hasn’t come up with an alternative to ObamaCare, one that’ll prevent the Left from torching the country. Patience. It’s only been eight years.)

The unelected Bush appointee under discussion is from my State of Washington. District Judge James L. Robart, like Bush, would wrestle a crocodile for an illegal immigrant. Or, for potential immigrants, preferably from Iran, Iraq, Syria, Yemen, Libya, Somalia, and Sudan.

Having been granted standing by the Ninth Circuit to appeal President Trump’s Executive Order, Robart, as explained by a Daily Caller contributor, “hinged his entire ruling on a concept called parens patriae, …

… READ THE REST.  “Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals” is the current column, now on Townhall.com.

Best tweet:

Best retort to #9thCircuit nutters: US can bomb the 7 Muslim countries. That's constitutional. It can't peacefully disassociate from them. https://t.co/c1JG0qdhgl

Posted by Ilana Mercer, Author on Thursday, February 9, 2017

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Noah Purcell, you don’t represent Washington State. You, the tech execs and social justice clientele are having a ‘moment.’ Enjoy! It won’t last! You didn’t even have standing to bring the case. You’re asserting the rights of people who are not even Americans. You’re a joke. The 9th circuit is a joke.

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