PJ Media
Michael Walsh
Feb. 5, 2017
In the struggle between Donald Trump and the 9th Circuit Court of Appeals, the president has both custom and the law on his side. Under the Constitution and the authority granted to past presidents by Congress, the chief executive has near-plenary power in matters of immigration, especially where national security is concerned.
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Noted attorney Alan Dershowitz has some thoughts on Trump vs. the Ninth Circuit (the most overturned federal appellate court in the land, by the way):
President Donald Trump avoided a constitutional crisis by appealing, rather than defying, an overbroad injunction against his visa executive order issued by a federal judge in Washington State. A panel of the 9th Circuit Court of Appeals refused to rescind the injunction on an emergency basis, thus keeping the nationwide injunction in effect, at least until the court considers briefs from both sides. Another federal judge in Massachusetts rendered a decision refusing to renew a similar injunction, and thus allowing the visa restrictions to be implemented.
In light of these conflicting rulings, the President could have said that he was going to follow the one he and his lawyers believed was correct. Had he done so, the judge in Washington might well have held the President in contempt of court, thus creating a constitutional crisis between co-equal branches of our government.
More...
https://pjmedia.com/michaelwalsh/2017/02/05/presidential-authority-to-protect-vs-courts-civil-rights-activism-who-wins/Worth reading the whole thing.
