Saturday, February 4, 2017

SCOTUS, Here We Come

"No one is above the law. Not even the President." -- Washington State Attorney General Bob Ferguson.

Remember the Trail of Tears.

Respect cannot be demanded. It must be earned.

   A federal judge in Seattle on Friday suspended nationwide President Donald Trump's executive order stopping travel from predominantly Muslim countries, and government agencies immediately reinstated visas that had been cancelled because of the order.
   The president's response was to call the decision "outrageous," and that it was made by a "so-called judge."
   In a television interview, Lawrence Tribe, professor of law at Harvard University, said the executive order cast "a very dark constitutional cloud," because it was "clearly a Muslim ban," and gives preference to Christianity and other religions.
   The Constitution itself prohibits any religious test, and the First Amendment bans the establishment of a religion as well as the free exercise of any other.
   And Bob Ferguson, the Washington State attorney general, noted that the president could well face a contempt of court citation if he refuses to follow the court order.
   Meanwhile, the administration is moving to defend the executive order, and the process will quickly rise through the various levels of the judicial system, very likely to be decided eventually by the Supreme Court.
   SCOTUS, here we come.

   So the nation is once again facing a challenge of the separate and equal judicial branch by the executive branch of the government.
   The last time that happened was when President Andrew Jackson refused to follow a Supreme Court order preventing the relocation of the Cherokee Nation and other Native American tribes from eastern states to Oklahoma.
   The majority opinion was written by Chief Justice John Marshall, who pointed out that the State of Georgia had no jurisdiction over the Cherokee Nation. President Jackson ignored the decision, and ordered the removal of the tribes.

   Remember the Trail of Tears.

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