It may be time for President Trump to make his most direct challenge yet against the so-called “judicial supremacy” delusion we’ve been living under since the 1950s, when the Supreme Court declared that not only was the Constitution the ultimate law of the land but that their decisions were just as supreme as that hallowed document. In other words, a Supreme Court interpretation of the Constitution holds every bit as much legal weight as the Constitution’s own words. This is why you still hear delusional Democrats make absurd remarks about a woman’s “constitutional right to have an abortion.”
Conservatives have been lazy about challenging this supremacy, but the time may be ripe for a challenge to manifest. Things can’t go on like this, where we have activist judges making decisions that are based less on the law and more on their own political beliefs.
Such was the case on Monday when U.S. District Judge Richard Seeborg became the latest in a long series of leftist judges to smack down a Trump administration immigration policy. Seeborg placed a preliminary injunction against the president’s policy of sending asylum-seekers back to Mexico where they can wait for their court dates without further burdening U.S. detention centers and accommodations. While the San Francisco court’s ruling is not final and, indeed, is based more on whether the administration followed correct procedure in creating the policy than the merits of the policy itself, it is just one more judicial blow against Trump’s attempts to enforce the law.
The actual law, that is.
“The legal question is not whether the Migrant Protection Protocol is a wise, intelligent, or humane policy, or whether it is the best approach for addressing the circumstances the executive branch contends constitute a crisis,” wrote Seeborg.
Rather, he wrote, the question was whether DHS followed lawful administrative procedure policies in developing and implementing the rule. This is a minor error that the courts have used to trash Trump administration policies in the past, the boring equivalent of sending Al Capone to prison on tax evasion. If you can’t block Trump policies on grounds of legal significance, just catch the administration in violation of some arcane, bureaucratic faux-pas. As long as the end result is that we get to bring in more illegal immigrants, that’s all that really matters.
Regardless of where we actually land on the “supremacy” of the Supreme Court’s interpretations, it is hardly controversial to suggest that we need not bring a federal policy to a grinding halt just because one left-wing judge in San Francisco says we must. It would be nice to see Trump simply disregard this decision, continue sending immigrants back to Mexico to await their hearings, and then just…see what happens.
His leftist critics will call it a power grab, and indeed it will be. Except the power Trump will be grabbing should have been his all along.