Politics

Travel Ban Woes Show Need for Judicial Accountability

Immigration rulings demonstrate how a handful of rogue federal judges can bring executive branch to a halt

The president’s temporary ban on immigration from selected Middle Eastern countries was tied up for six months by a small handful of rogue federal judges — judicial activists who have thumbed their noses at both law and precedent. Their pernicious temporary restraining orders (TROs) were appealed by the Trump administration all the way to the Supreme Court, which decided this week in the president’s favor. But, as political commentator Mark Levin has pointed out, the courts should not be involved at all.

Authority over immigration is clearly granted to the president by statute — section 1182(f) of Title Eight — and by judicial precedent that says if there is one bona fide reason for the president’s action, it is not reviewable by the courts. That should be the end of the matter. It is not the end by any means.

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The government has been hijacked by a few rogue jurists in a complete violation of the U.S. Constitution. A single federal judge can bring the executive branch of the federal government to a grinding halt. One man or woman wearing black robes, acting alone, can run the country. “Now the courts control immigration,” says Levin. “The whole system has been turned on its head.”

This issue takes on particular significance because of the threat to our security posed by mass Islamic immigration. Islamic values represent an absolute contradiction to ours. The two systems cannot coexist. Wherever Islam gains a following, Muslims demand an end to human rights and the freedoms that are taken for granted in the West. Islam is both religion and political ideology — a package deal. When we accept “refugees” from Muslim countries, we are also accepting a totalitarian political ideology that manifests in murder, intolerance and misogyny.

“The choice,” said Mark Steyn, author of the prophetic book “America Alone,” “is liberty or mass Muslim immigration.” Steyn has warned about the correlation between large numbers of Muslim immigrants and the proliferation of terrorist attacks against the West. Belgium, France, Germany, Holland, Sweden, and the U.K. have opened their borders to hordes of Muslim immigrants, and the reward has been disruption of their societies. Poland and the Czech Republic “have very few Muslims so they don’t have terrorism,” notes Steyn.

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The American Left, emboldened during the tenure of President Barack Obama, wants to open the floodgates of Islamic immigration and do to the U.S. what Chancellor Angela Merkel has done to Germany. The election of Hillary Clinton would have continued that policy to our everlasting detriment. Fortunately, we finally have a president who understands the threat from mass Islamic immigration and is attempting to do something about it. Enter these rogue judges, most of them appointed by Obama, who want to sabotage the president’s efforts and impose the Left’s agenda at the expense of our national security.

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Thanks to the doctrine of separation of powers, the Constitution does not grant this power to the judiciary. If the Trump administration is to fulfill its obligation of defending the nation, the Constitution has to be enforced and judicial overreach must be brought under control. The first thing we need to do is establish term limits for federal judges, who currently serve for life. The second step is the creation of an effective system of accountability and discipline for these judges.

As it stands, the only method of restraining their overbearing judicial activism is the lengthy appeals process. The TROs against President Trump’s ban held up a critical administration policy for more than half a year. World events move much too quickly for this archaic system. The executive branch needs the option of moving expeditiously. We must find a way to prevent a politically motivated judge from dropping a monkey wrench into the workings of our government. A good place to begin is the Senate Judiciary Committee, although this may be problematic with committee membership that includes the likes of Sens. Dianne Feinstein (D-Calif.) and Al Franken (D-Minn.). While we are at it, passing term limits for members of Congress also sounds like a great idea. Judges are not the only public servants who must be held to account.

Ed Brodow is a political commentator, negotiation expert, and author of “Tyranny of the Minority: How the Left is Destroying America.” He is based in Monterrey, California. 

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