header

header

Saturday, May 25, 2019

Federal judge's ruling to halt wall points to a judicial system out of control and in need of curbs

Yeah we forgot the wall might hurt the rare Farting Frog if they build it?  (Sarcasm)  Another Obama Suckass  strikes again

An Obama-appointed federal judge has done it again: Ruled in favor of unelected left-wing activists to block much of President Trump's border wall. According toThe Hill:
A federal judge issued a preliminary injunction on Friday, partially blocking President Trump's plan to fund a border wall with Mexico using money from the Defense Department.
California U.S. District Court Judge Haywood Gilliam, who was appointed by former President Obama, issued the order, which does not fully halt construction but would limit additional border fencing to specific areas. It would also block the transfer of about $1 billion in Pentagon funds from various projects to pay for the construction of a wall.
Pay no attention to that migrant surge at the border or the will of 63 million Americans who voted to elect Trump to stop them.
The judge made the ruling under this reasoning instead:
Gillam argued "irreparable harm" would result if the administration were allowed to proceed while the case is pending.
"Because the Court has found that Plaintiffs are likely to show that Defendants’ actions exceeded their statutory authority, and that irreparable harm will result from those actions, a preliminary injunction must issue pending a resolution of the merits of the case," he said in court.
Gillam cited the separation of powers between the legislative and executive branches outlined in the Constitution, particularly Congress's power of the purse, in making that determination.
“The position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles dating back to the earliest days of our Republic,” he wrote.
Irreparable harm because there's a border wall to keep criminals and welfare-seekers out? The criminals and foreign moochers have interests well above those of American voters and denying them so much as a day inside the United States to break one law after another and avail themselves of Americans' earnings does them "irreparable harm"?
What garbage. What's more, there's nothing here about shifting funding around that hasn't been established as 'precedent' - something lefties love to extol - given that President Obama shifted funds around from federal bureaucracies to keep Obamacare afloat after a Republican Congress denied him the funding he wanted. Obama also ruled by executive order - as in the case of DACA - and even President Trump's efforts to rescind those flimsy executive orders have been blocked by the activist-judicial industrial complex. See, it's only O.K. if Democrats do it, that's the real message we are seeing from this politicized judge.
It joins a collection of federal overturnings of President Trump's efforts to keep the country safe and secure at its southern border and beyond. A recent news item from the New York Times reported that Attorney General William Barr complained that federal judges had blocked Trump on executive orders and attempts to govern 37 times in the past year, more than all the nationwide injunctions from federal judges issued in all of the 20th century put together.
“Nationwide injunctions undermine the democratic process, depart from history and tradition, violate constitutional principles, and impede sound judicial administration, all at the cost of public confidence in our institutions and particularly in our courts as apolitical decision makers,” Mr. Barr said.
He emphasized that the separation of powers, rather than the granting of certain rights, protected the United States from tyranny. “As Justice Scalia colorfully quipped, ‘Every banana republic has a bill of rights,’” Mr. Barr said.
What we are seeing here is a power grab from a ravenous left-wing judiciary, intent on making the most outrageous rulings at the request of any left-wing activist group to supersede the will of the people. They will have their way no matter what the voters, those godawful deplorables, think, and an eager corps of left-wing judges with no respect for law except in how it serves leftwingery, are glad to help out. This is not democracy, this is rule by a leftist nomenklatura, a Deep-State adjunct which has already disgraced itself over the FISA approval process in the invented Russia collusion narrative.
Americans within the majority are not without power here - this latest injunction underscores the need to get rid these judges' power by getting rid of the current bounder House ruled by impeachment-obsessed Democrats. It shows how necessary it is to elect a bunch of representatives interested in what's going on in the country, including the threats we face, and ensuring that no petty left-wing activist playing victim can superced it. These congressional Democrats are at the root of the problem because they would block any such necessary reform. They need to be thrown out. Then, when a Republican (or non-crazy Democrat) Congress is elected, the first order of business, even ahead of the border crisis, should be judicial reform.
One of the three branches of government is out of control here and it's not the one headed by Donald Trump. 

No comments:

Post a Comment