Monday, February 13, 2017

Message to President Trump - Defy the 9th Circuit's Order - A Constitutional Crisis is Long Overdue

Post 17/23

It is no secret from my blog posts that I have a very low opinion of the federal courts, particularly the 9th Circuit Court of Appeals and the US District Court - San Jose Division. From my prior blog posts it should be easy to see that I am in an on-going battle with the courts seeking relief from judgments in two lawsuits I filed against the City of San Jose that are clearly unlawful. So it strikes me as being somewhat hypocritical that a US District Court and the 9th Circuit would rule that Trump's Executive Order temporarily banning travel from several Muslim countries does not comport with the law. The rulings of the two courts are clearly political and not legal. The 9th Circuit Court of Appeals and many of the districts courts in the 9th Circuit have no regard for the rule of law. In my two lawsuits, the US District Court - San Jose Division and the 9th Circuit Court Court of Appeals have, so far, refused to follow laws passed by Congress that implement requirements of the Constitution. I will not in any way comply with their orders. I have informed both courts of this fact.

If  President Trump strongly feels that the 9th Circuit and the US District Court rulings prohibiting him from implementing his Executive Order are clearly in error, my advice to him would be to defy their rulings and implement his order anyway. It is clear that the separation of powers doctrine have no meaning to many federal courts. It is without a doubt that the 9th Circuit Court and many district courts within the circuit are flat out refusing to follow laws passed by Congress, yet they expect the legislative and executive branches to follow ruling they make that are often political and are not made in good faith.  

It is time for the legislative and executive branches to stand up to the courts and refuse to follow their orders that are political and are not consistent with the Constitution and well settled precedent. This will create a constitutional crisis that is long overdue. Unfortunately, many of our elected and appointed government officials have no courage to criticize or stand up to the courts that are operating with a totalitarian mentality. It is time to bring the separation of powers doctrine back into balance with push back from the legislative and executives branches over the courts' usurpation of their powers. The issue over President Trump's Executive Order should be the catalyst for this needed change.



No comments:

Post a Comment