Go ahead. Tell me Neil Gorsuch doesn’t make a difference. Actually, he didn’t in one of the biggest Trump victories of the year. In a decision that was “per curiam”, meaning “as a whole”, the court gave Donald Trump a victory in allowing him to temporarily go forth with his travel ban against six Middle Eastern countries.
The victory wasn’t complete however. There are still a couple of ways for people from the six banned countries to enter the US legally. If they are a college student coming to school here, they can still enter, and if they have been recruited by a US business, they can accept the position, and move to the US legally. The ban itself is only good for 120 days, though the high court will hear the case in its entirety the first part of October when the new court session begins. That means that probably for two or three months, the ban will not be in place when the Supreme Court is negotiating the final results of the ban.
Overall, it’s a victory for Trump, but not so much on a political level. It was a victory for Trump on a policy level. There is law already on the books that Trump was following that gives the president the power to determine immigration priorities and to enforce them. That was exactly what Trump had done. It was the idiotic ramblings of both the 4th and 9th Circuit Court of Appeals (the 9th is the most highly over-turned appellate court in the country) that made it political.
And so, what we are seeing is the beginning of a new era in Supreme Court decisions. With the 9th Circus pretty much out of the picture now, they aren’t going to be able to do more than slow down conservative agendas…with the Supreme Court standing by to slap them down on every count. Once again, it is the left’s version of trying to legislate from the bench that is going to be curtailed from here on out. And that is a good thing, regardless what side you are on. The courts in this country are not supposed to legislate, they are supposed to interpret laws. In this particular decision, both the 9th and 4th Circuits legislated from the bench, re-writing existing laws to fit their political agendas. That is a very dangerous situation and I’m very happy for one, to see it stopped dead in its tracks.
In another decision, the Trinity Lutheran Church won its case against the State of Missouri. If you missed this one it was a little weird. Trinity Lutheran had a pea gravel playground and wanted to take part in the State of Missouri’s Scrap Tire Program, whereby they use recycled tires to create a poured-in surface, making it much easier and safer for the children playing on the equipment. The State of Missouri had denied the request, citing Trinity Lutheran was a church and went with the old “separation of church and state” argument. The Supreme Court knocked that one down as well on a 7-2 vote with Ginsburg and Sotomayor dissenting.
Carry on world…you’re dismissed!