Donald Trump’s fight against the courts continues as he may be planning a new immigration ban after his first has been blocked.
In quick review, the controversial executive order suspends immigration from seven predominantly Muslim countries targeted by the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 passed by the Obama administration. The executive action additionally places a moratorium on all refugee acceptance for limited time but indefinitely for Syrian refugees.
The President informed reporters aboard Air Force One he intends to continue the fight on multiple fronts, declaring that a new executive order inhibiting immigrants and refugees from entering the United States could come as early as Monday or Tuesday. This comes shortly after the 9th Circuit Court of Appeals, based in San Francisco, refused to uphold the original immigration/refugee suspension, claiming there was no legitimate reason for the POTUS to issue the order.
“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the judges stated according to Fox News. “…Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution.”
Trump disagreed vehemently with the decision, blasting both it and the judges responsible on Twitter.
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!— Donald J. Trump (@realDonaldTrump) February 4, 2017
If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!— Donald J. Trump (@realDonaldTrump) February 8, 2017
The Trump administration appears to still be planning to fight the original order in courts, whether the battle will rise to the eight person Supreme Court, or whether it be taken to what is known as an en banc review. This would consist of an 11 judge panel reviewing the executive order. Political pundits have pointed out this may the best option for a continuation of the fight at this level, as a split Supreme Court decision would result in the lower level court’s ruling being upheld.
The other avenue of attack Donald may be planning regards issuing a new executive order. After the initial suspension received backlash from both the populace and the judicial branch, the new strategy may be to rewrite the order as to avoid the legal ramifications which enabled the courts to disable the original’s intended purpose.
One thing to keep in mind is that part of Donald Trump’s executive order is still in place. The number of refugees permitted into the country during the current year has been slashed to 50,000, down from the original 110,000 allowed by the Obama administration. Furthermore, should Trump take the harshest stance allowed (a potential possibility), he could simply ban all refugees from entering the country by changing the accepted number to zero. It would be constitutional/legal on an number of grounds, as that number is officially under the purview of the president. Such an action, while drastic and extreme, could provide bargaining grounds from which Trump could reactivate a ban more to his liking.
Both the judicial and legislative branches need to be mindful of Trump. He is not a typical politician, nor is he implement the typical political proceedings Washington is accustomed to when dealing with presidents. Trump is a celebrity businessman first, and a politician second. His methodology so far has clearly demonstrated his intent to strike quickly and decisively when implementing his campaign promises. The battlegrounds chosen by the administration will differ from those of his predecessors, in scale, location, and style. Trump is an adept manipulator of social media, using it as a weapon in ways “unpresidented” by previous regimes.
So what are your thoughts on Donald Trump’s battle with the courts over his executive order? Tell us what you think in the comments section below!
[Featured Image by Joe Raedle/Getty Images]