Is it time to reign in the out of control extreme liberal Ninth District Court? A restructuring of the Districts and elimination of the Ninth and its judges might be possible.
The Ninth Circuit ignored the very clear language of the statute. As to the so-called “Muslim ban” he’s well within his powers as President.
Recently, the Ninth Circuit decides to ignore Supreme Court more than a half-century of Supreme Court precedent and require the United States to admit people from a list of countries that are either failed states (Somalia), or who in the midst of war (Syria), or who finance terrorists (Iran). The judges indicated that the Constitution forbids the government to discriminate based on religion, so that if the executive order does that, it is unconstitutional. The response of the government is that it does not discriminate because of religion.
The issue for the court is not one of wisdom — should the visa order have been vetted more carefully, drafted more narrowly, or allowed for more exceptions. We can agree that the suspension has flaws, but the issue for the judicial branch, as the Supreme Court has stated many times, is one of power, not wisdom. In granting visas admitting aliens, does the United States have the power to discriminate in a way that would violate the First Amendment if the issue did not include visas?
If we look at the decisions of the U.S. Supreme Court stretching many decades, there is one consistent answer, yes. That is surprising to many people only because they have not looked at the law. It is certainly true that the Supreme Court can change its mind, but to do that would require it to overrule a large number of cases. As for the Ninth Circuit, it has a tradition of ignoring Supreme Court precedent, so it is more difficult to predict what it will do. More