“what the lower courts did was really pretty outrageous”
On Tuesday, June 27, 2017, I was a guest on the Bill Tucker Show on Newsmax TV.
The topic was the Supreme Court ruling on Trump Travel Order No. 2, including my posts SCOTUS reinstates substantially all of Trump Travel Order and SCOTUS Travel Order ruling was “slap down” of lower courts and progressives.
The interview started with Bill Tucker commenting on the name Legal Insurrection: “which always has a sort of mild radical feel to it.” Why, thank you.
The first topic was my reaction to the Supreme Court ruling.
“Q. Were you happy with the way the court handled this?
A. I was happy, yes, I think it’s the right decision.
I had argued that Trump shouldn’t have even abandoned the First Travel Order, and watered it down so to speak, because whether you like the policy or you don’t, it’s within the power of presidency to do that. So I felt that is was extremely important that he ultimately take this to the Supreme Court because I was convinced that they would uphold the power of the presidency to control national security, control who comes into our country. And that’s so far pretty much what they did.
To the extent I’m disappointed, I agree with the three dissenters, that they should have upheld the Travel Order in its entirety….”
We then turned to the topic of the lower courts:
“Q. I think we’re bordering on legal chaos [because of the action of the lower courts]. Am I wrong?
A. I describe what the Supreme Court did the other day as really a slap down to the lower courts. They issued this ruling on a preliminary basis, which basically said lower courts, what you did was wrong. And not only that, nine Justices, every single Justice of the Supreme Court said that. Now they said it in varying degrees….
Not a single Justice, not even Ruth Bader Ginsburg, the leading liberal light on the Court, was supportive of what the lower courts did. And that’s why I think this was a tremendous slap down. I hope the [lower] courts will learn their lesson from this, I’m not confident that they will ….
I don’t know if it’s legal chaos, but what the lower courts did was really pretty outrageous …. [The Supreme Court said] no, you cannot strip the presidency of its constitutional and statutory power to control who enters the country.”
We will find out soon enough, maybe at the end of next week, if the lower court’s learned a lesson, Hawaii seeks injunction against Trump admin interpretation of SCOTUS Travel Order ruling.DONATE
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