A federal judge in San Francisco on Monday barred the Trump administration from refusing asylum to immigrants who cross the southern border illegally, likely prompting a legal challenge from the White House.
Trump issued a proclamation on Nov. 9 that said anyone who crossed the southern border would be ineligible for asylum.
On Tuesday President Trump’s sanctuary city executive order was blocked by U.S. District Judge William Orrick. The judge issued a temporary ruling in a lawsuit against the executive order targeting so-called sanctuary cities.
The decision will remain in place for now, but both cases could make their way to the Supreme Court.
Article III of the Constitution grants this power directly
Article III of the Constitution states that federal courts may only decide executive order cases where “Controversies to which the United States shall be a Party.”
The plaintiff, be it individual, group, or state, must be able to claim a real injury when attacking an executive order. Additionally, plaintiffs must be careful about where they file their case. A lawsuit will often originate in a court where it is likely the judge will rule in their favor.
However, cases can also be appealed all the way to the Supreme Court, which has the final decision.
While the courts do have the power to declare an executive order illegal or unconstitutional, they do not regularly overturn presidential actions. According to author William G. Howell in his book on the subject of executive actions, in his attempt to list every challenged executive order between 1945-1998, he found that the courts ruled in favor of the president in 83% of cases.
Still, it takes only one judge in one district court to block an executive order made by the President of the United States.
It seems the democrats continue to find loopholes to push their agendas and it is “We The People” and The United States that suffer for their corruption. What should President Trump’s next move be?
Chris “Badger” Thomas is a Veteran who served our country as an Army Combat Medic.