April 26, 2017
Most Americans expect absurd rulings from the Ninth Circuit Court -- and yesterday, Judge William Orrick delivered! The longtime Obama supporter delivered a setback to the Trump administration, ruling that the president can't stop the flow of federal funds from cities that are harboring illegal immigrants. That's interesting, the Trump team fired back, since presidents (including Obama) have historically used the power of the purse to force states to comply with the law.
As National Review pointed out when a California woman was murdered by an illegal immigrant (who had been deported five times!), the federal government may not be able to compel states to follow the law, but "it is permitted to use financial rewards or incentives to encourage states to comply. This precedent was established in the 1992 Supreme Court case New York v. United States and has been upheld and strengthened since, and thus the Justice Department's guidance in this instance clearly falls under constitutional precedent." No wonder the Trump administration is upset. Not only is the judge a shameless political activist (who bundled more than $200,000 for Barack Obama's campaigns), but he's turning his back on clear legal precedent.
Unfortunately, Orrick is no stranger to judicial activism. This same man also unleashed his radical personal agenda on David Daleiden, the pro-lifer behind the videos exposing Planned Parenthood. In 2015, Fox News reminds everyone, he's the reason there was a restraining order against the Center for Medical Progress head. Now, he's directing his liberal bias at the administration for refusing to go along with Obama's legacy of lawlessness. In his refreshingly non-capitulating style, President Trump isn't backing down. "See you in the Supreme Court," he tweeted.
Senior advisor Reince Preibus agreed, telling the press, "The idea that an agency can't put in some reasonable restriction on how some of these moneys are spent is something that will be overturned eventually, and we will win at the Supreme Court level at some point." It wouldn't be the first time the Ninth Circuit has been overruled. As the president himself pointed out, the court has a "terrible record of being overturned (close to 80 percent)." In the meantime, the administration had strong words for Orrick's ruling -- reminding voters of the importance of judicial restraint.
"Once again, a single district judge -- this time in San Francisco -- has ignored federal immigration law to set a new immigration policy for the entire country... San Francisco, and cities like it, are putting the well-being of criminal aliens before the safety of our citizens, and those city officials who authored these policies have the blood of dead Americans on their hands. Today's ruling undermines faith in our legal system...
In the meantime, we will pursue all legal remedies to the sanctuary city threat that imperils our citizens, and continue our efforts to ramp up enforcement to remove the criminal and gang element from our country. Ultimately, this is a fight between sovereignty and open borders, between the rule of law and lawlessness, and between hardworking Americans and those who would undermine their safety and freedom."
Tony Perkins' Washington Update is written with the aid of FRC senior writers.