Send a Tweet
Most Popular Choices
Share on Facebook 1 Share on Twitter 2 Share on LinkedIn Share on Reddit Tell A Friend Printer Friendly Page Save As Favorite View Favorites
Exclusive to OpEdNews:
OpEdNews Op Eds

Washington v. Trump: The Ninth Circuit Should Admonish Trump As To Minimal Standards Of Care

By       Message Clifford Johnson       (Page 1 of 1 pages)     Permalink    (# of views)   7 comments

Related Topic(s): ; ; ; ; ; ; ; ; ; ; (more...) ; ; ; ; ; ; ; , Add Tags  (less...)
Add to My Group(s)

Must Read 2   Valuable 2  
View Ratings | Rate It

opednews.com Headlined to H3 2/8/17

Author 66549
Become a Fan
  (7 fans)


(Image by public domain)   Details   DMCA
- Advertisement -

Beyond cavil, Trump's executive order suddenly barring immigration from seven Muslim nations was over-hastily drafted and so chaotically enforced. This reprehensible fact alone should be the primary ground for dismissing Trump's motion asking the Ninth Circuit to stay District Court Judge James L. Robart's Temporary Restraining Order (TRO), which suspends the travel restrictions only pending disposition of a promptly scheduled trial court motion for a preliminary injunction. The Ninth Circuit panel should use this early opportunity to put Trump on plain notice that, unlike his notoriously inaccurate and confrontational tweets, his executive orders, and his legal filings in defense of them, must meet minimal professional standards of competence and care, especially where harsh and global consequences promptly accrue. In brief, the court of appeal should peremptorily rule that Trump's motion for a stay of the TRO is without merit, e.g. as in the following quick and dirty outline of a proposed Order Denying Stay:

**********************************

- Advertisement -
Trump's motion for a stay of the Temporary Restraining Order is hereby DENIED.

The state of Washington plainly has standing based (at least) on its proprietary injuries.

The original executive order restricting immigration, on which Trump rests his defense, is substantially moot. Most notably, green card holders have since been exempted, so that a very different order, not yet in evidence, is now in effect. Thus, Trump impertinently asks this court to prematurely review and accredit what is presently an unclear, half-baked defense.

Trump contends that the executive order issued as an unreviewable executive judgment; and he claims national security prerogatives and duties, including vigilance for the public safety. But vigilance is not a matter of mere speed. On the contrary, vigilance is directly at odds with rushed action. Festina lente. [1]

- Advertisement -

At present, there is neither a plain nor a declared state of imminent emergency. It is frivolous to argue otherwise, given the complete lack of homeland damages caused by immigrants from the targeted seven states. In such unexceptional circumstances, executive authority is far less than swathing, let alone absolute; and it is unthinkable that this court would perhaps unnecessarily immediately reinstate the manifestly injurious and global chaos that the TRO has temporarily quieted.

It might be within the executive's tactical prerogatives to surprise, provoke and confuse enemies, if not the entire world. But the executive is hereby admonished to henceforth be mindful that surprise and confusion are antithetical to courts, and that, where particularly injurious, executive conduct that is beyond the bounds of reason or that lacks due diligence is ordinarily an actionable abuse of power.

Trump alternatively requests that this court in any case limit the TRO to what he contends is the scope of this action. But that scope is contested. Also, in light of changes to the executive order not yet adequately in evidence, that scope is not as yet so determinate as to be justiciable.

WHEREFORE, the case is remanded for further proceedings consistent with this order, based on an updated executive order that is not moot.



- Advertisement -

[1] Make haste slowly.

(Article changed on February 8, 2017 at 18:23)

 

- Advertisement -

Must Read 2   Valuable 2  
View Ratings | Rate It

opednews.com

Clifford Johnson is a semi-academic naturalized Brit. He first entered the U.S. as a rah-rah Harkness Fellow. For theater, language, and also as a questionable ex-Brit, Johnson adopts a Tom Paine II persona. His activist credentials comprise serial (more...)
 

Clifford Johnson Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

How The One-Dollar Coin Can Cure The Economy

The American Crisis: Deficit Reduction Proposal Snags Treasury Misinformation

Ninth Circuit Leaves Door Open To Suit Against GAO Re Coins Act

Federal Court Affirms Sweeping "Bully Pulpit" Government Right to Lie: Treasury Can't Be Sued

California's Death Penalty: The California Supreme Court's Carefulness Con

The American Crisis: To Free a Lender-Owned Nation (Part IV)