We thought it well-nigh impossible to outdo the Ninth Circuit Court of Appeals for foolish, dangerous legal reasoning, but Honolulu district judge Derrick Watson has managed it. On Wednesday evening, Watson issued a nationwide temporary restraining order against the Trump administration’s revised executive order on refugees, unveiled last week. In February, addressing itself to the White House’s original order, the notoriously liberal Ninth Circuit upheld a Seattle-area judge’s nationwide injunction on the previously unknown legal ground that immigration policy is under the purview of the judiciary. As we wrote at the time, the Ninth Circuit’s ruling was so broad as to effectively abrogate the separation-of-powers doctrine in national-security policymaking. According to the court, the president and Congress — the branches constitutionally accorded power over national-security policy — may take no actions to protect the country without the express permission of the judiciary. This would have come as a surprise to the designers of the 1965 Immigration & Naturalization Act, let alone to the FramersJudge Watson, though, has matched the Ninth Circuit in express disregard for the letter of the law.
keyboard shortcuts: V vote up article J next comment K previous comment