Why Trump’s Executive Order On Immigration Will Win Over Seattle Judge Who Blocked It
Boston Judge’s Decision Shows Why Trump Will Win Over Seattle Judge
The decision that was handed down from a Boston Judge on Friday in a 21-page paper is likely to be the groundwork for defeating Judges like Seattle Judge James Robart, who decided he wanted to block President Trump’s executive order on immigration.
Law Newz points out that the Boston Judge and Seattly Judge both rejected the position of many critics and that they actually agreed on a lot of the same points but there was one area where they profoundly disagree.
From Law Newz:
Here is where the Boston judge and the Seattle judge appeared to disagree. According to reports of what was said at oral argument in Seattle, the Seattle judge believes rational basis review requires the law-making branches of government “prove” with “facts” presented in court that their position is the correct one. As the Boston judge noted, this interpretation of the law — inviting the judicial branch to replace the elected branches of government — is directly contrary to precedent. This is why the Seattle judge’s opinion is likely to lose out ultimately, and Trump’s will prevail.
As the Boston judge explained, the Supreme Court provided that rational basis review merely means the law “bears some fair relationship to a legitimate public purpose.” The Supreme Court made clear rational basis review “is not a license for courts to judge the wisdom, fairness or logic of legislative choices.” (Heller v. Doe by Doe, 509 U.S. 312 (1993).
Law Newz goes on to point out that the Supreme Court has already ruled that on matters of immigration, “we defer to the political branches in the immigration field.”
The Seattle Judge is essentially “second-guessing law-making decisions,” which as the article points out is not for Judges. Second guessing Trump’s decision is what elections are for when the American people can go to the ballot box and cast their vote for what they believe is the best course of action for the country. A decision that the American people made on November 8, 2016.
Hat Tip: Crystal
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