Can we just all agree that the Ninth Circuit Court of Appeals’ ruling against President Trump’s immigration and refugee executive order is absolutely, utterly absurd?! Now, on top of that, Ben Shapiro is saying that it also contains quite a few legal problems. We are inclined to agree with him.
By Ben Shapiro
1. States Suffer “Concrete and Particularized Injury” If Aliens Can’t Come To University Classes. This is absolutely absurd. It would strike down virtually any immigration law. All immigration laws restrict classes of people from entering, numbers of people from entering. Some of those people would undoubtedly go to university, or teach there. Does this mean that states can now sue to overturn all immigration laws?
2. The Federal Government Doesn’t Suffer “Irreparable Injury” If The Courts Overrule Immigration Policy. The court casually states that while the government has an interest in combatting terrorism, the “Government has done little more than reiterate that fact.” The executive branch didn’t explain sufficiently to the judiciary why the executive order needed to be put into effect, and so the executive branch has to go home emptyhanded. Again, this is ridiculous. Are we supposed to wait to be hit? Would the judiciary apply this same standard to, say, gun control laws?
3. Everybody Has Due Process Rights. This is perhaps the craziest element of the ruling: the statement that everyone from lawful permanent residents to aliens with a visa traveling abroad has due process rights. The court even says that illegal aliens have due process rights. The Constitution isn’t just for citizens anymore – which begs the question as to why anyone would bother applying for citizenship.