In another striking judicial development, Judge William Alsup, a Clinton appointee from San Francisco, issued an injunctive order Jan. 9 prohibiting President Trump from moving forward rescinding President Obama’s DACA order.
Although it only applied to established DACA applicants, and left untouched the ban on future applications, the order is offensive nevertheless, and demonstrates the terrible problem plaguing our country resulting from the actions of activist judges.
Essentially, the plaintiffs, which included the State of California, argued that President Trump had acted randomly and capriciously in removing the DACA order because, among other reasons, he did not give notice and did not allow for a period of public commentary prior to issuing his rescindment.
But here’s the thing, neither did Obama.
Obama himself issued his own DACA order single-handedly, without due process, and outside any compliance with any statutory requirements — and after saying he did not have the Constitutional authority to do so. Therefore, when President Trump acted to discontinue the DACA order, he was actually rescinding an illegal act, making Alsup’s ruling even more egregious — and overtly political.
The inescapable conclusion of all these actions is that Judge Alsup was less informed in his ruling by the law, than by his disdain for the President’s policies, and possibly, for the President himself. Relevant to this: Just two weeks before this political ruling, the Supreme Court overturned a different DACA-related Alsup order.
Additionally, the judge applied his order to the whole nation. This latter issue is particularly problematic as it is allowing individuals in the judiciary to paralyze policy decisions on a national scale even though the district of any particular judge does not encompass a large geographical area.
This latter problem is actually one that can be fixed by Congress. Congress has the authority to create and define the powers of the lower courts. As evidenced by the results of this case, it is time for Congress to limit the scope of judicial orders to only the geographical extent of their district.
And as for the greater problem of an overzealous judiciary, it is high time that the American people enact some sort of check on America’s increasingly partisan courts.