Do NOT tell us it is not political. Judicial activism is 110% political, and that is clearly what is going on…
Federal Judge William Orrick III, who on Tuesday blocked President Trump’s order to withhold federal funds from sanctuary cities, reportedly bundled hundreds of thousands of dollars for President Barack Obama.
Orrick, of the Northern District of California, issued an injunction against the Trump administration after the city of San Francisco and county of Santa Clara sued over the president’s plan to withhold federal funds from municipalities that harbor illegal immigrants.
The same judge issued a restraining order in 2015 against the advocacy group responsible for undercover videos purporting to show Planned Parenthood employees plotting to sell baby organs.
— No One (@tweettruth2me) April 26, 2017
On yesterday’s radio program Rush Limbaugh went into great detail explaining how wrong this judge’s ruling is, with the help of references from Andrew C. McCarthy: Sanctuary Cities Ruling Continues Troubling Trend
But that’s not what the judge did. That’s not what his executive order was. His executive order was a pure, 100 percent political statement, and it contained what every other judge that has stopped Trump to date has contained. “Well, you know, he said during the campaign he was gonna ban all Muslims. And he said during the campaign that he was gonna kick people out of sanctuary cities.” So the judge cites that stuff as evidence and justification for doing what he’s done here to theoretically stop Trump.
But even in this order the judge admits that there’s nothing new here. In this order the judge admits that he’s not stopping anything. If you read the whole thing — reading the whole thing is a slog, which is why the Drive-Bys are not going to do so. The judge’s name is Orrick. You might have heard the name because he’s the guy that found against the people that created the videos, the secret videos exposing Planned Parenthood for chopping up babies and selling body parts. He found against the people who conducted those secret video tapings. He’s an Obama fundraiser, he’s an Obama donor, he’s a bundler, 200 grand. He worked in the Justice Department.
So he’s a full-fledged down-the-line, perfectly flaked and formed modern-day leftist extremist. But if you spend the time on the exact order — for example, the judge acknowledges that the construction of the Trump executive order, the way it’s written and what it proposes, he acknowledges that. He agrees with it. The executive order that Trump is ballyhooing here is simply a reinforcement of existing law. There’s nothing new in this executive order. It’s just Trump announcing that we’re gonna be enforcing the law.
And as I said, he spends a lot of time quoting stump speeches made by Trump and his campaign aides. You know, this is the way Trump, when he campaigns, the way he sells policy and the way he makes promises, those things are now being considered to have been legal utterances by a man who was not president. Trump is being held legally to concepts he only stated as a candidate. Like a Muslim ban, there hasn’t been a Muslim ban, but the judge here says, “He wants to. He wants to do that, and he wants to kick all these sanctuary citizens out and he wants to take their money away, and so I’m gonna make sure he can’t do it.”
In one of the — my buddy Andy McCarthy calls it one of the most disingenuous passages in the ruling — the judge asserts that the executive order directs the attorney general and the Homeland Security secretary to ensure that sanctuary jurisdictions are not eligible to receive federal grants. That is not true. In fact, that is an out-and-out lie. I don’t know purposefully or not, that’s a bit far, but it simply is not true. In quoting, the judge omitted the key passage in the executive order, which actually states the following: “The attorney general and the secretary of Homeland Security, in their discretion and to the extent consistent with the law, shall ensure that jurisdictions that willfully refuse to comply with the law are not eligible to receive federal grants.”
All that statement is is a statement of current law that is in the executive order, but what the judge left out in his ruling is the phrase “to the extent consistent with the law.” So in his ruling, the judge wants people at times to think Trump is trying a sneaky maneuver here and at other places in the order the judge is admitting that there’s nothing new here, no new ground being broken.
And even when this thing was being put together and argued, Justice Department lawyers emphasized that this executive order did nothing but reaffirm existing law. And it’s in the argument. But the judge refused to listen. He didn’t want that to be part of the evidence he would use for his ruling because what fun would be that be? What kind of excitement for a liberal judge could there be in stopping something that does nothing more than state we’re going to enforce federal law?
So the judge tries to make it look like that the Trump administration has much bigger plans that they’re not admitting to, and he goes back and cites campaign statements as evidence for what might really be going on here. This is so bogus. And it’s getting so tiresome. It has nothing to do with the law. This ruling was totally unnecessary. The executive order wasn’t really necessary, other than for Trump to make a statement about what their policy’s gonna be, because it differs from the previous administration, which was not enforcing immigration law. Trump wants everybody to know as often as he can say it that he is going to…
This all sort of reminds me of the AZ SB1070 in 2010.
— Fox News (@FoxNews) April 26, 2017
Glenn Reynolds @ Instapundit: “I DUNNO, IT SEEMS LIKE A GOOD IDEA TO ME: Judges warn lawmakers against splitting 9th Circuit … Also, I think we need to add a substantial number of new judges to the Courts of Appeals. They’ve been the same size for decades, even as the nation has grown. . . .”
I tend to agree.