Can courts be overruled in US by President?
Trump vows to 'overturn ridiculous court order' halting travel ban
February 04, 2017 19:24
United States President Donald Trump has termed as 'ridiculous' the
order of a federal judge in Seattle bringing his executive order on immigration to a halt.
'Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it's death & destruction! (sic),' Trump said in a tweet.
'The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! (sic)' he said in another tweet.
US District Judge James Robart in Seattle had on Friday ruled that the states had the standing to challenge Trump's order, which government lawyers disputed, and said they showed their case was likely to succeed.
Trump's order last week sparked protests nationwide and confusion at airports as some travellers were detained. The White House has argued that it will make the country safer.
http://news.rediff.com/commentary/2...g-travel-ban/8145b379dc8d9c01010484b5afad31ea
As people may already know, the legislative, executive and judiciary are all equal branches of the US Government.
A President cannot simply repeal a court order. The reason the Attorney General of the State of Washington was able to get this so called Immigration Ban lifted is because he was able to make the case to a Federal Judge that provisions within the Presidential executive order violated protections of the US constitution.
Though in another lawsuit (and right now Trump has over 75 lawsuits at the last count) a Federal judge at MA did not find the Immigration ban to violate the Constitution, it was enough that one judge in Seattle did so. That stopped the ban for now.
The US Justice department of Trump administration will of course appeal (the acting Attorney General for Trump admin was fired by Trump earlier since she was trying to point out issues with the executive order). The case will go to appeals and then to US Supreme Court.
This is an execution fiasco since the order itself was never vetted properly and was probably written by Bannon and Miller (political advisers with vast powers).
My own take is that this whole ban is a distraction to reverse many of the Obama Executive orders. Here are a few
1. Gun can now be sold to mentally handicapped (thanks to the gun lobby - the previous order by Obama was reversed by Trump)
2. Mining companies can now dump toxic waste in streams - prior order prohibiting this by Obama is now nullified
3. Pastors can now endorse political candidate from their bully pulpit (appease the Christian evangelical lobby)
4. Oil companies do not have to declare which country gave them what money (which dictator gave what bribes) - the transparency provisions put in by Obama are stuck down (thanks to the Oil company lobby)
5. Financial companies are required to tell their clients if they are Fiduciaries meaning that they are investing the client's retirement money etc with the interest of the client. That provision to disclose is struck down
Most of the educated classes are disapproving Trump to the tune of 60 to 70% while the uneducated whites support him in large number (60 to 70%)
The immigration ban order was botched up having been rolled out without much thought or consultation.
It is affecting real people - one child who survived the blast in Iraq (a Kurdish family) was going to be operated in USA. The father dropped the child with a volunteer's family and went back to Iraq since his wife was delivering their second child and then named him Trump. The father was coming back to USA to attend to this massive surgery of the first child and was not allowed to travel.
The surgery date cannot wait and the couple do not know if they will see their child again.
This kind of sweeping ban says that the order cannot distinguish between a real threat of a terrorist and real situations of ordinary people. Hence people in large number, who think the entire order is unAmerican, are spontaneously protesting in major airports.
I am amazed that some people are unable to see difference between 'leadership styles' of PM Modi and President Trump. It must be due to their hate for Islam that clouds their judgement