Usually When a Circuit Court Rules an Act of Congress Unconstitutional, It Throws the Law Out: 9th Circuit Did No Such Thing When It Refused to Reinstate Trump’s Executive Order

Something’s very wrong here.

The 9th Circuit Court of Appeals refused to reinstate President Trump’s travel suspension on Constitutional grounds, but left the law being quoted by the Executive Order intact instead of throwing it out like it’s supposed to.

In fact, it barely mentions the law, 8 U.S. Code § 1182, in its ruling.  That law was passed in 1952 by the Democratic-controlled House and Senate, vetoed by Democratic President Truman, whose veto was then successfully overridden by his own party in both houses of Congress. 

It’s ironic that a law passed by the Democrats with such decisiveness (including overriding their own party’s President) is being used by a Republican President under the exact circumstances that prompted the Democrats to pass it in the first place.

The 9th Circuit has definitely screwed something up.  And as huge a problem that was created by the failed rollout of this EO, the Supreme Court will have to look at the 9th Circuit decision and decide if judicial activism has inserted itself into a (seriously fouled-up) national security situation.

I look forward to hearing what the Supreme Court has to say on the matter.