LOS ANGELES, February 10, 2017 — The uber-liberal Ninth Circuit Court of Appeals upheld a lower court ruling against the Trump administration’s immigration directive seeking to increase public safety by placing a temporary ban on immigrants from seven nations closely involved with terrorism.
Iran in particular funds worldwide terrorism and is known for chanting “Death to America” on a regular basis.
While the three-judge panel will slow Mr. Trump’s ambitions, it should not stop them altogether. Trump has short-term and long-term options.
The only action Trump should not even consider is one of non-compliance. If Trump thinks the judges are leftist activists who went above and beyond their judicial domain, he can Tweet that.
Judicial rulings are binding law, and Republicans spent the last eight years grappling with a post-constitutional president.
In the long-term, Trump can appeal to the United States Supreme Court. However, this will be very risky before current SCOTUS nominee Neil Gorsuch is confirmed.
Trump can also try and find legal ways around the ban, but that comes with its own pitfalls.
Trump could also prevent future setbacks by busting up the Ninth Circuit Court into two separate courts. The Ninth Circuit could continue to rule over liberal California and the Pacific Northwest.
Nevada, Utah and other non-leftist states could be placed under the auspices of a new 12th Circuit Court. This would require congressional action, and would still take time.
Trump has one solution to dealing with the Ninth Circuit’s ruling right now. He needs to employ political armageddon, the nuclear option on steroids.
Since restricting immigration from seven nations is now somehow a Muslim ban, Trump should restrict all immigration to America from everywhere. For the next six months, none of the 200 nations across the world can allow their citizens to come to America.
A complete and total blanket ban would upset many people, but it would be legal, constitutional, and totally within President Trump’s broad powers as the Commander-in-Chief.
Sometimes it takes hitting ants with an elephant-sized sledgehammer to bring other ants to the bargaining table. Trump tried to do things the easy way. Now he has to do things the hard way.
His goal is to keep Americans safe. His critics are accusing him of bigotry. To satisfy his critics, he needs to treat the remaining six billion plus people on earth equally. Immigrating to America is a privilege, and Trump must suspend that privilege to everyone abroad.
Naturally, nations can apply for waivers. The Trump administration can review waivers as it sees fit and as quickly or as slowly as it desires.
If Trump really wants to play hardball, waivers can be granted in exchange for favorable legislation and speedier confirmation of his cabinet and judicial appointees.
The President of the United States is not a king, but he does have very broad powers. His critics can complain. He can send them copies of Bobby Brown’s “My Prerogative” as a holiday gift.
Restrict all immigration until liberals decide to stop playing the Islamophobia card. President Trump can do this simply because he can.
Now he should.
Public safety demands that the people be protected from all threats foreign and domestic, whether community organizers or liberal judicial activists like it or not.