The Left-wing resistance continues to extend to the courts.
Judges all over the United States are now acting outside of their jurisdiction in striking down nationwide action by the White House on the basis of temporary restraining orders. This was never a part of the American legal landscape until about 1960. There is still no clear Supreme Court precedent as to whether a district court judge can enjoin entire national policies based on a local case that’s being brought in some far-flung federal jurisdiction.
Now, U.S. District Judge Ana Reyes of Washington, D.C., has barred the Trump administration from ousting transgendered people from the military.
I was unaware there is a federal right to serve in the military. In fact, there is no federal right to serve in the military. There’s a whole range of conditions that bar people from serving in the military, ranging from depression to obesity.
The judge said in her opinion, “The Court’s opinion is long, but its premise is simple. In the self-evident truth that ‘all people are created equal,’ all means all. Nothing more. And certainly nothing less.”
Hold up just a second. “All people are created equal” means that people have equal rights. It does not mean they’re equal in all of their capabilities.
And whether you serve in the military is a question of capability.
The judge’s perspective can be likened to saying that if you are a legless person, rejection from service as a police officer is some form of discrimination.
It just might make it hard for you to chase criminals.
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One of the things that makes you less militarily ready is thinking you’re a member of the opposite sex and then requiring hundreds of thousands of dollars of hormone treatments, facial surgeries, and reconstructive genital surgeries be performed to make you feel better about yourself. I would argue that’s not a great contributor to military readiness.
Stephen Miller, White House Deputy Chief of Staff, issued this statement: “Currently, district court judges have assumed the mantle of Secretary of Defense, Secretary of State, Secretary of Homeland Security and Commander-in-Chief. Each day, they change the foreign policy, economic, staffing and national security policies of the Administration. Each day the nation arises to see what the craziest unelected local federal judge has decided the policies of the government of the United States shall be. It is madness. It is lunacy. It is pure lawlessness. It is the gravest assault on democracy. It must and will end.”
This is exactly why the Supreme Court needs to take up these cases immediately. Just elevate the issue to the Supreme Court already. What are they doing?
This is the fault of Chief Justice John Roberts. There was a case that was elevated in which the Supreme Court asked whether district court judges had the ability to issue nationwide injunctions, temporary restraining orders. The case was turned down by a majority of the Court.
That’s why this sort of chaos is emerging in the courts.
If Roberts wants to reestablish some form of actual credibility in the courts, the Supreme Court needs to rule on this matter.
This is precisely what President Trump is actually planning — to get this to the Supreme Court for the purpose of clarity. In a piece titled “Inside Trump’s Supreme Plot on Immigration,” Axios writes, “President Trump has accelerated a multipronged, methodically planned strategy to push the Supreme Court to bless his power to deport vastly more people with vastly fewer judicial restraints, top officials tell Axios. Trump officials see at least five questions that they hope the Supreme Court will answer.”
According to Axios, those questions include:
- Does a peacetime president have the right to deport noncitizens under the war-time Alien Enemies Act — even if there’s no declared war against a foreign adversary?
- Should a single federal judge in a district court have the power to block a president’s deportation program nationwide?
- Can that federal judge’s order extend to international waters and demand that a plane full of deportees turn around mid-flight?
- Does a green card holder like Khalil have speech rights that protect him from deportation? Or can the secretary of state unilaterally declare his speech “adverse” to U.S. foreign policy interests because the government alleges it aligns with the terror group Hamas?
- Can the secretary of state’s power to deport immigrants based on foreign-policy concerns extend to so many student visa holders that some colleges won’t be able to admit foreign-exchange students?
Trump seeking clarity from the Supreme Court is just how the system is supposed to work.
Getting the Supreme Court to rule on issues is part of their job.
And they should do it.
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