Ninth Circuit Rebuke

Well, those of us in the industry -- the law -- are well-aware that the Ninth Circuit is the most overturned of Circuits in the country.  And there's a reason for that:  Activist opinions don't go over well with the Supreme Court.  The Ninth Circuit is infamous for trying to create law out of the personal opinions of the judges on its bench. 

Big mistake.

Today, the SCOTUS upheld the key provisions of the second, amended travel ban the President ordered earlier this year, overturning the Fourth and the Ninth Circuits who issued injunctions against the ban.  Yes, the Fourth was also wrong, but the Fourth at least tries to issue reasoned opinions.  The Ninth just...shoots from the cuff.

What's telling about this ruling is that it was a unanimous opinion.  Yep, not even Justices Kagan,  Ginsberg or Sotomayor dissented.  As a precocious eleven-year-old likes to exclaim when he's right about something, HATAH!:  How About Those Apples, Huh?  Leftists all over the country must be beside themselves.

See, it's not about the Constitution, or the rule of law, or any of that stuff.  No, it's about Feelgoodism, globalism and multiculturalism that has or should have supplanted law and order.  Because people are moved emotionally by something, their emotions trump (no pun intended) the law and replace them with what people feel should be the rule and, more importantly, what they want.

That's not how a civilized society operates.  If there's a groundswell for a particular position, the way to handle it is to bring proposed legislation to Congress and have a vote.  Then the legislative process goes its normal course and either there's a law or there isn't.  This notion that we can, by popular opinion, simply ignore the laws and have our own version of reality take their place is madness.

Leftists were accustomed, over the course of the last eight years of the Obama administration, of approaching laws this way.  Especially since their opinions meshed with what then-President Obama believed.  Now that they're confronted by someone with whom they have a disagreement -- and whom they vilify as the anti-Christ -- the rush to apoplexia is headlong.

What Leftists and others opposed to the travel ban refuse to accept is that the President is correct when he invokes his constitutional authority to issue the travel ban.  Rather than gracefully accept it, they spin it and argue that it is an infringement of religious practice.  Nevermind that their acolyte, then-President Obama, came up with the list that President Trump is now using.  Had the former president put the ban in place, his nattering nabobs of nuttiness would have nodded at each other in agreement and blessed it as having come down from the mountaintop.  Instead, since it's this president with whom they virulently disagree, there must be some nefarious reason for its implementation. 

Look:  There is nothing this President can do that will please half the population.  The same held true for then-President Obama.  There is, however, a qualitative difference between the reactions of the groups opposing the presidents.  Leftists resort to any number of strategies to upend the President's actions; conservatives grumbled or took him to court.  But there weren't violent protests, attacks on opponents, blocking of streets, disruptions of speakers.  It was rude at times and it was adversarial, but it never sank to the level the Leftists have plumbed.

And it's only going to get worse:  Apparently, Justice Kennedy is about to announce his retirement.  Since the Democrats forced Republicans to use the nuclear option with Supreme Court nominees, this ensures that whomever President Trump nominates is very likely to be approved by the Senate.

Pop the popcorn and pull up a chair.  The next seven three years should be interesting.

(c) 2017 The Truxton Spangler Chronicles