April 27, 2017
Donald Trump is rarely at a loss for words. And the controversy over this week's Ninth Circuit ruling was no exception. Astonished that Judge (and Obama shill) William Orrick put the brakes on an order that would force sanctuary cities to comply with the law regarding illegal immigration, the president and his team vowed to fight on -- in more ways than one. Maybe, as Republicans have argued before, it's time to split up the Ninth Circuit Court. Apart from being the most overturned bench in America (close to 80 percent of the time), the Court is unabashedly liberal. And with a higher caseload than its counterparts, the combination has been disastrous. Asked if he's thought of breaking up the Court, Trump replied, "Absolutely, I have."
And he wouldn't be the first. Last year, two Republican Senators -- Steve Daines (Mont.) and Dan Sullivan (Alaska) -- introduced a bill to do exactly that. "It's 85 percent larger by population than the next circuit [and] it has three times more pending cases than the next closest circuit, which I think ought to be a call for adding additional capacity and adding this 12th Circuit Court," Daines told the Washington Examiner. "We're staying focused on the capacity; this is not meant to be some kind of a political or ideological debate." Believe it or not, their decisions are binding for 40 percent of the U.S., "which makes the Ninth Circuit -- long perceived as dominated by California liberals -- particularly precious [to the Left]."
With 51 judges, Sullivan argued, "They're too busy dealing with all of their other cases to have every judge review a single case, as other circuits can. 'It is more of a legislature than a court... [T]hey don't meet en banc on a regular basis. The judges don't get to know each other, and therefore it is a court whose opinions are not certain and are not uniform, and it's more like voting than judging.'"
In instances like the sanctuary city controversy, there's little to no accountability for judges like Orrick, who refuse to acknowledge the Executive Branch's power in enforcing the law. Every president, especially Obama, has used federal funds to force states to comply with certain laws and regulations. Now, suddenly, because that president is Trump, the power of the purse no longer applies. "Sanctuary cities have been very, very dangerous, very, very bad. And, you know, we've done a great job on law enforcement, we've done a great job at the border," Trump said. "And all of our most talented people say sanctuary cities are a disaster... [We] have people that are being enabled to commit crime." Cutting off federal dollars is one weapon the administration has to entice states to do something about it.
Unfortunately for this White House, they're wasting time in court that could be spent on the problem. And thanks to Obama's high-dollar donor, Judge Orrick, the Trump team will have to wait for the Supreme Court to clean up another mess made by the Ninth Circuit's liberal activists.
Tony Perkins' Washington Update is written with the aid of FRC senior writers.