And Yet Another Federal District Court Weighs In — With A Temporary Retraining Order…

life-burroughts-tro-2017 In truth, it is hard to explain in a few words here how exceptional, from a Constitutional Law perspective (historic, even) these last few days have been. Lightning fast, by legal standards, to boot. Spontaneous protests at airports around the nation — while the Judicial Branch is presently weighing in forcefully on the unconstitutional excesses of the Executive Branch. [An order entered in federal court in Seattle, by its terms, only applies to two plaintiffs — and the two people have been released, so the case has been voluntarily dismissed there, while these others apply nationwide to many many more.]

Overnight, we have seen that the system of ordered liberty, and checks and balances, contemplated by our founding fathers does in fact remain vital, active and robust. We are a long stretch from out of the woods here, but the TROs mean that there will be hearings, not summary deportations under cover of secrecy and darkness. And the fourth estate — up and down the line — has generally performed the role the founders envisioned: keeping everyone honest about their duties, and motives.

aclu-trump-unconstitutional-1-17-pngBut I write on Sunday night by the fire (eating some fresh cherry pie and ice cream), to be sure that when this history has finally settled from watery wisps. . . into stone statues, Judge Burroughs in Boston will get her due (her order, as a three page PDF is here) — along with Judges Donnelley in Brooklyn — and Brinkema, in Virginia. It takes no small dose of courage to enter rulings knowing how unhinged some Trump supporters are.

Even so, we have seen the enduring wisdom of the founders who set our democracy in motion, over 220 years ago — with explicit checks embedded, against tyrants — yep, built right in, in fact. [They had suffered atrocities under the rule of vain and small men, like him. So they designed the whole of this then-radical form of self-government around. . . blunting the would-be moves of men. . . like him.]

life-supremes-tv-select-2017Thanks, Mr. Hamilton. Truly. Thanks!

UPDATED: Monday 01.30.2017 @ 6 PM EST:

And. . . since 45’s Muslim Ban executive order contradicts “a core value” of our American experiment in democracy — the former President — as he promised he would, has weighed in. Respectfully. Per the Washington Post:

“. . .Mr. Obama, who has remained publicly silent about his successor since leaving office 10 days ago, pledged before leaving office to only speak about Trump’s policy moves “where I think our core values may be at stake.” On Monday, his spokesman Kevin Lewis said in a statement, “With regard to comparisons to President Obama’s foreign policy decisions, as we’ve heard before, the President fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion.”

Alluding to the widespread protests taking place in major airports and cities in response to the new immigration policy, Lewis said that Mr. Obama “is heartened by the level of engagement taking place in communities around the country. . . .”

“Citizens exercising their Constitutional right to assemble, organize and have their voices heard by their elected officials is exactly what we expect to see when American values are at stake. . . .

Pitch perfect.



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