“This is a wake-up call and a call to arms.”
Conservative author and columnist Michelle Malkin turned the heat way up on “Hannity” Thursday with her rage over an appellate court decision rendered earlier that day.
Clip via Fox News Channel
The U.S. Court of Appeals for the Ninth Judicial Circuit upheld a federal district court order temporarily restraining the Donald Trump administration from halting immigration from seven Middle Eastern countries overwhelmed by terrorism.
Malkin was reminded of a phrase the late U.S. Supreme Court Justice Antonin Scalia used in a scathing 2015 dissenting opinion of a case on gay marriage — “social transformation without representation.”
She found it outrageous that the notion that state university “students were inconvenienced because they couldn’t get into the country somehow trumps President Trump’s fundamental duty to protect America,” and observed that “judicial tyranny has run amok.”
Malkin said that the administration should expect and be prepared for more lawsuits of this nature, and that the left has been infusing law schools, the legal profession and the judiciary with liberals for decades, and reversing that trend would be like “turning around the Titanic.”
“I think this is a wake-up call, and a call to arms for all young patriots out there who are trying to figure out what to do in their lives,” she said.
“We need Constitution-based law students out there to try and claim back that balance.”
Jay Sekolow, Chief Counsel of the American Center for Law and Justice, observed that the administration had a number of routes in which it could proceed. It could ask for an en banc decision by a nine or 10-judge panel of the Ninth Circuit, ask for an emergency appeal from the U.S. Supreme Court, or continue the trial in the U.S. district court.
He suggested a completely different alternative — an end run, where the administration re-issus its executive order, but this time exempting green card and visa holders. In that event, if the case ends top in front of the Ninth Circuit again, it should appeal to the Supreme Court where an 8 – 0 decision would be assured.
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