Three individuals, Baxter Henderson from Melbourne Australia, Ron Jenkins who lives in San Antonio TX and myself have been friends for over 20 years. I met Baxter in Australia in 1995. Ron and Baxter were friends when Ron was General Manager for the Lottery Commission. Ron is a retired Air Force Officer. Baxter was a Manager for GTech, the company who managed the lottery and one of my consulting and training customers for many years. I established this explanation so you can understand and hopefully appreciate the following exchange between Ron and Baxter that might help you understand what is happening on several issues we are watching with a new face in the White House. I try to learn something every day. Ron’s responses provided me with new knowledge today. I hope you enjoy the exchange. C Brewer
Baxter, I have many questions for you; first:
1. How is a court in Washington State able to stop a national order and not just within its state?
Ron: It is a Federal, District Court. The rulings apply in all US federal government jurisdictions. FYI, The US judiciary is divided into 12 regional circuits and further into 94 Federal Districts, which are subordinate to the Supreme Court of the United States (SCOTUS). The next court down the chain is the 9th Federal Court of Appeals and includes federal courts in the nine western US States, plus Hawaii, Alaska, Guam and the Mariana Islands. The Federal Court that the Temporary Restraining Order (TRO) was issued from was a Federal District Court (Judge Robard presiding). The US Justice Department, at the behest of President Trump, had to appeal judge Robard’s ruling to the 9th Federal Court of Appeals. BTW, ruling’s by the 9th are the most overturned court decisions in the country because it is packed with Liberal Judge Appointees who believe the US Constitution is out dated and should be more active in interpreting the law in this era.
2..(Baxter) They (the plaintiffs) are from Washington and Minnesota) said it was a civil rights issue.
(Ron): Not exactly. The TRO was issued by Judge Robard’s based upon his interpretation of the US Constitution, specifically the “establishment Clause” and the right of “due process”. The issue of “legal standing” was glossed over in his ruling.
(Baxter) How does an order which is only effective outside the USA become a civil rights issue within the USA?
(Ron): This court was chosen by the plaintiff’s because the judge is a Left leaning Liberal, activist, judge. He was sympathetic to the argument that Non-citizen’s (i.e., Green Card holder’s and Visitor’s Visa holder’s) are included in the protections and constitutional rights afforded to legal US citizens. I don’t believe that is true and will be the reason why SCOTUS will take up the case. (only about 2 % of the eight thousand plus cases annually heard by the Federal Appeals Court are accepted for hearing by SCOTUS.)
3.(Baxter) I would have thought that USA courts could only deal with issues that would affect people within the USA.
(Ron). That issue will probably be the reason that this case will be elevated to the SCOTUS ASAP. We Conservative’s believe a refugee from Syria or immigrant from Somalia, does not have the same legal rights, under the US Constitution, as a legal US citizen; the Left believes otherwise.
4.(Baxter) If this is allowed to stand is this the end of U.S. democracy?
(Ron). NO. Our three branches of government (Executive, Judicial and Legislative) are independent and have certain powers that provide the “checks and balances” that are designed to keep the country on the right path, according to the will of our Representative Republic’s electorate.
5. (Baxter) From now on what will stop any court in any State (or District), from doing what Washington has done?
6.(Baxter) Then every one of Trump’s executive orders will be denied until it goes to the Supreme Court.
(Ron). The worst case scenario would be a legal challenge to any and all Executive Orders. While that is possible, at some point, the courts will refuse to hear every case or the electorate will rebel against the “not so loyal opposition” and vote their members out of office and out of power, ala the TEA Party’s rise during the 2007 campaign.
7.(Baxter) The office of President will be effectively dead.
(Ron). Again, I hope that won’t happen, although, in recent years the President has, in some eyes, usurped more power than some believe is within his authority, based upon the limitations of his position, based upon the Constitution and it’s system of checks and balances.
8.(Baxter) All of the talking heads are only spending time on this immigration issue.
(Ron) Yep, that is their role. To me it goes much further. Regardless of the merits of the case, the Democrats could just get one of the District courts to declare an order to be illegal and the whole country will come to a stop.
(Baxter) I don’t hear any of them talking about that.
(Ron) So far, I am totally un-effected; the trains are still running, the economy is humming along and the prep school antics of the Democrat’s will ultimately fail. The current case has many options from cancelling the contentious E/O and issuing a revised version that is narrower and Specifically exempts the issue of the religion of Islam from any new Executive Order (E.O).
(Baxter) I am afraid for your country Ron.
(Ron). Things have been much worse in past eras. The Civil Rights and Viet Nam eras were more contentious, more violent and had more civil unrest. We survived and some vital lessons were learned. To wit, never compromise on your core beliefs and or give in to threats. That being said, we have numerous international as well as domestic challenges facing this Administration. Thank goodness, we have a strong and resolute leader and he has or soon will have, a senior staff of highly experienced men and women to advise and guide him down a treacherous road, despite the sniping from opponents in his party and by Democrats.
The print and all other forms of media will continue to lean Left because that is their background and training. The only exception is FOX News. Every other Television Network and News outlet is overwhelmingly Liberal and their bias is palpable in every report, every story concerning Trump or any Conservative idea. FOX News is emphasizing the decision by the three judge appellate court didn’t even comment on the statutory authority, in the US Code, that the President cited as his authority to issue the E/O in question. His two major choices are to rescind and re-issue a new E/O that is crafted in better legalese or merely let it go to the SCOTUS, after his nominee (Neil Gorsuch) is confirmed and balances out the court to a 4-1-4 position. Ron
I hope everyone that reads this enjoys it as much as I have. As always if you disagree or wish to add or comment on this article please do it on the blog so I can hopefully respond. This provides commentary, disagreement, questions etc. This way everyone can follow the discussion. C Brewer