I’m just hearing on Fox News that the Ninth Circuit ruling – which I haven’t seen published yet – took a peculiar premise: that although federal courts have uniformly agreed that a presidential action like Trump’s is not reviewable, that doesn’t mean it isn’t reviewable by the courts.

Since no rights of American citizens are at stake, and no question at issue on what the president’s po.wers are, the implication here is that the courts are empowered to have an opinion different from the president’s on national security matters. That is a political, not a judicial judgment. …
the American people will not agree to simply be led as sheep to the slaughter by this outcome. It is very dangerous to remove from the people all hope of the rule of law prevailing, and their justifiable expectations being upheld.

Three, the reality that our courts are so unreliable now has been exposed, in an attention-grabbing way that people will understand, perhaps even better and more broadly than they understood the bad Obamacare ruling on the insurance mandate. And the “winners” in the ruling have taken the mask off entirely, and are prancing around gloating about their victory over the clear will and obvious security interests of the American people. The opponents of Trump’s order quite evidently want to act against our security interests, and are thrilled that two courts have ensured that that will happen….
If our borders aren’t protected, and our immigration policies judicious and sound, our laws become unenforceable. If laws don’t mean what they say – if judges keep suddenly reinterpreting them – they can’t be enforced in a reliable way that allows the people to go about their business, unburdened by constant worries about their lives and property. It isn’t possible to take a jackhammer and blowtorch to the law, and then expect it to protect you later. No matter who or where you are, you won’t be immune. Sooner or later, the consequences of lawlessness get around to everyone.
* * *
Cue the usual quote from “Man for All Seasons”

Yancey Ward Says:
February 11th, 2017 at 11:52 am
You ain’t seen nothing yet, Neo. I predict the lower courts will put a stop to any deportations, too. Also, I predict every single EO Trump signs, plus much of the coming legislation he signs will be overturned by a court somewhere.

What is coming is going to get very, very ugly- and quickly at that.
* *
It’s already ugly and it started before Trump’s inauguration. I agree with commenters who pointed out the protestors and courts would be pushing back against any Republican president. Maybe Trump’s “incompetence” is making their obfuscation easier, but it may also be making it more visible, because he doesn’t back down when they push him.

What is coming is going to get very, very ugly- and quickly at that.

“Applied more generally, this ruling would give state attorneys general extraordinarily broad powers to act essentially as lawyers for actual or potential immigrants – merely by pointing to the alleged costs incurred by key state institutions if they are even temporarily deprived of the immigrant’s presence. ”

with the costs cited in this article on the impact of refugee children being placed in public schools….

http://nypost.com/2017/01/31/how-trumps-refugee-order-targets-educational-injustice/

Specific points in the article is that refugees are placed in smaller towns which is impacting education for all children. Attempts to bring the refugees up to speed with English immersion programs resulted in ACLU suits forcing mainstreaming the students.

Not only should the 9th Circuit be broken up as Sen. Flake wants, I think it should be abolished altogether and its judges reassigned to other courts while two or three new circuit courts are established in its place and staffed with Trump appointees. Too political? Maybe, but the courts have long since decided to be as much political as judicial in their acts now it is time for them to take a big dose of political medicine.

By the way, Yale Law Review has an article on how to get rid of federal judges altogether. I haven’t read it yet, but it seems timely.

Here is another, from the Editors, who have additional points…
http://www.nationalreview.com/article/444800/ninth-circuit-trump-immigration-order-ruling-separation-powers-national-security
.

Also, this insight about the consequences of all this…

Hindsight is 20/20, but it was not hard to foresee that the Left would be gunning for Donald Trump … the goal would be to delegitimize him, humiliate him, crush him, using any weapon available.

When that happens, as it inevitably will, the White House will have no one to blame but themselves. – Ian Tuttle
http://www.nationalreview.com/article/444816/trump-immigration-order-ninth-circuit-ruling-debacle-consequences
.

Thanks to this “bumbling”, trump’s admin opened the door for the left…

“The political branches’ plenary authority to control alien entry into the United States, and the heightened deference owed by courts to the national-security judgments of the political branches, are precisely at stake in the matter of President Trump’s executive order.“
http://www.nationalreview.com/article/444800/ninth-circuit-trump-immigration-order-ruling-separation-powers-national-security
.

According to trump’s own standard, should he be fired for this?

wholly confided by our Constitution to the political departments of the government, Executive and Legislative. They are delicate, complex, and involve large elements of prophecy. They are and should be undertaken only by those directly responsible to the people whose welfare they advance or imperil. They are decisions of a kind for which the Judiciary has neither aptitude, facilities nor responsibility and have long been held to belong in the domain of political power not subject to judicial intrusion or inquiry.

The full editorial is here.