(NationalSentinel) As expected, the judicial activists who reside on the 9th Circuit Court turned down a request by the Trump administration to reverse a lower court’s decision to overturn President Donald J. Trump’s travel ban on seven terrorist-infested countries.
Because the appeals court declined to intervene immediately, affected travelers can enter until at least until Monday. The appeals court set a schedule asking challengers to the ban to file a response by roughly 3 a.m. Eastern on Monday, and the Justice Department — representing the Trump administration — to reply to that by 6 p.m.
A Justice Department spokesman said government lawyers would wait until then to make their next move.
“With the fast briefing schedule the appeals court laid out, we do not plan to ask the Supreme Court for an immediate stay but instead let the appeals process play out,” Peter Carr said.
In filing its appeal to the lower court’s decision, the Justice Department correctly noted that it’s not up to federal courts to determine national security policy, it is up to the president – constitutionally speaking and by statute.
“Judicial second-guessing of the President’s determination that a temporary suspension of entry of certain classes of aliens was necessary at this time to protect national security would constitute an impermissible intrusion on the political branches’ plenary constitutional authority over foreign affairs, national security, and immigration,” Acting Solicitor General Noel Francisco said in a brief.
That is absolutely correct. Section 212(f) of the Immigration and Nationality Act of 1952 states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
The two judges who turned down the administrations appeal request were appointed by Left-wing presidents; one by Jimmy Carter and the other by Barack Obama.
Justice Department officials said they will let the appeal process play out rather than appeal directly to the Supreme Court, where, quite honestly, an equally divided court, ideologically, could fail to resolve the issue, despite a clear reading of the law. It could be that the Trump administration will allow the lower courts to act for the time being while it waits to get its SCOTUS nominee, Neil Gorsuch, through the Senate.
Either way, these rulings are endangering national security. They are decisions the Judicial Branch has no authority to make. Every Democrat who is supporting the 9th Circuit while whining about the “constitutional rights” of non-citizens should be held responsible if any of the banned individuals makes it inside the country to kill Americans.