05 February, 2017

States of Washington and Minnesota v Donald J Trump

A considerable number of legal actions have commenced in the USA against President Trump's Executive Order No. 13769 of 27th January 2017 - "Protecting the Nation from Foreign Terrorist Entry into the United States".   The challenges to the order are based on a number of grounds including arguments that the order is unconstitutional.

The actions include one brought by the States of Washington and Minnesota.  On 3rd February, in the US District Court for the Western District of Washington, Judge James L. Robart issued a temporary restraining order enjoining the enforcement of the executive order nationwide, and entered a temporary ban regarding immigration restrictions, then directed the parties to the action to file any briefs in support of a preliminary injunction by 6th February 2017.   See VIDEO of the hearing.

President Trump took to Twitter to comment - " "The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!"



The "so-called" Judge is a very experienced member of the Federal Bench in Washington State having been nominated by President George W. Bush in 2003 and confirmed unanimously by the United States Senate in June 2004.

The Minority Leader in the US Senate - Chuck Schumer - said that the President showed "a disdain for an independent judiciary that doesn't always bend to his wishes and a continued lack of respect for the Constitution, making it more important that the Supreme Court serve as an independent check on the administration. With each action testing the Constitution, and each personal attack on a judge, President Trump raises the bar even higher for Judge Gorsuch's nomination to serve on the Supreme Court. His ability to be an independent check will be front and center throughout the confirmation process."  [See previous post relating to Judge Gorsuch].

An appeal has been issued to the Court of Appeals for the 9th Circuit and, due to the level of interest in the case, that court has created a separate webpage for the case - State of Washington and State of Minnesota v Trump

The Constitution of the United States is stuctured around the Separation of the Powers (Legislative, Executive and Judicial) and it is a Constitution which the President is sworn to defend:

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

President Trump's tweet referring to a "so-called Judge" demonstrates lack of understanding of the importance of the separation of powers and of the importance of his Office to the constitution generally.  The tweet also fails to understand that Executive Powers must be both lawful and exercised lawfully. 

Links:

The Independent - US appeals court denies Donald Trump's request to reinstate travel ban - the 9th US Circuit Court of Appeals denied the Justice Department's request and directed both the state of Washington and the Trump administration to file more arguments.

The Independent - We are nervously confident Donald Trump cannot break the US Constitution

On a lighter note ..... Judge Robarts clearly has quite a range of bow ties ......







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