(National Sentinel) Presidential power: The U.S. Supreme Court denied a request from the Justice Department to clarify its June ruling on President Donald J. Trump’s travel ban, leaving in place a lower federal court ruling from last week that expanded the definition of “family,” thereby allowing more migrants in from six terrorism-infested countries.
The high court allowed President Donald Trump’s travel ban to take effect in June, but required that the government continue to admit individuals from the six countries named in the order who have a significant connection to the United States.
The Department of State originally concluded that certain relatives of U.S. citizens from the affected countries possessed a “significant connection” but that others, like grandparents and cousin, did not. U.S. District Judge Derrick Watson, the same judge that stayed the revised order in March, modified State’s guidance and required consular officers to admit any person from the affected countries with a first-degree relation in the United States.
The State Department acquiesced and added grandparents to its list of protected relatives Monday, but continued to exclude others. The Department of Justice asked the Supreme Court to clarify its original order and resolve the dispute last week, but the Court declined to do so.
Three of the justices — Samuel Alito, Clarence Thomas, and Neil Gorsuch — said they would have stayed U.S. District Judge Derrick Watson’s order in its entirety.
As we have mentioned, it’s ridiculous for this issue to be in the hands of the federal judiciary in the first place because the Constitution and U.S. law are clear: Presidents, not courts, get to decide national security policy, period, and that includes having the power to exclude entire classes of people from anywhere in the world, and for any reason.
It’s more likely now that SCOTUS will rule in favor of returning that power to the Executive Branch when the high court hears the full travel ban case in October but relying on that is, in and of itself, unacceptable.
Trump will need to continue nominating — and the Senate confirming — persons to the federal bench who are constitutional originalists if he ever hopes to restore some of the balance between branches of government envisioned by the founders; after eight years of Obama, the courts are packed with Left-wing judicial activists who rule based on political ideology, not the law, as this travel ban business proves.
Such rulings endanger American lives, period.