Tuesday, February 7, 2017

Sorry: Trump’s immigration order is totally legal

At NYPost by Rich Lowry  -- 

If the law means anything, the Trump administration will succeed in overturning the so-called court ruling against its travel ban.

The nationwide stay of the ban issued by Judge James Robart, a Washington state-based federal district judge, is tissue-thin. It doesn’t bother to engage on the substance, presumably because facts, logic and the law don’t support Robart’s sweeping assertion of judicial authority in an area where judicial power is inherently quite limited.

Even if you assume that the states of Washington and Minnesota have standing to pursue the litigation (Robart asserts implausibly that they “face immediate and irreparable injury” from the executive order, the heart of which is a three-month pause on most travel from seven countries), the stay falls down. It ignores our constitutional scheme and Supreme Court precedent, as the Justice Department brief seeking to reverse it persuasively argues.

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