In news that should surprise nobody but outrage everybody, Reuters reports that U.S. District Judge Derrick Watson has just imposed a temporary emergency halt on President Donald Trump’s revised executive order temporarily stopping immigration and refugee admissions from a handful of Middle East countries. It takes effect Thursday.
The Associated Press has more background:
Hawaii was the first state to file a lawsuit challenging the revised ban.
Its motion for a restraining order contends the ban discriminates on the basis of national origin.
The state also argues that the ban would prevent Hawaii residents from receiving visits from relatives in the six mostly Muslim countries covered by the ban.
The government says Hawaii’s concerns are speculation.
More than half a dozen states are trying to stop the ban.
Unfortunately, it was entirely predictable that slightly revising the executive order wouldn’t make a difference in court, because as we’ve covered, there was never anything wrong with the original EO. It fell clearly within the president’s legal authority according to both the Constitution and statutory law.
This is judicial activism, pure and simple, and until we replace far more than one judge on the Supreme Court, conservatives will never win as long as we leave it to the courts. Barring a miracle in future chapters of the legal battle, the Trump Administration has a decision to make: whether it’s willing to defy the judiciary and reassert the executive branch’s coequal authority to uphold and apply the Constitution as best it understands it.