The Founders created a system in which all three branches of government would have to independently defend the Constitution. They gave the judicial branch the fewest tools to impose its will on issues affecting the population at large. Never in their wildest dreams did they envision the other branches genuflecting to the Supreme Court, much less lower court judges, but that is what will continue happening until they simply say, “No.”
Yesterday, a single Maryland judge gave private taxpayer-funded “nonprofit” organizations standing in court to get an injunction against the president’s policy allowing states like Texas to reject their resettlement plans. “Refugee resettlement activity should go forward as it developed for the almost 40 years before Executive Order 13888 was announced,” declared Judge Peter J. Messitte of the Maryland District Court, a Clinton appointee.
Here’s the problem. The Constitution never gave a judge a veto power, like the president has the ability to veto a piece of legislation sent to his desk. A judge can only grant relief to a plaintiff that properly has standing before the court, such as a citizen claiming an executive force is wrongly detaining or punishing him. No such standing exists, however, in this case, because the “plaintiffs” are a bunch of private organizations seeking positive actions and benefits from government affecting all of America on a national and even international political question, not “relief” from an action taken against them personally.
No judge can force the president to bring in foreign nationals he chooses not to admit, nor can a judge grant visas to potential foreign nationals. And a Maryland judge most certainly can’t force Texas Gov. Greg Abbott to agree to refugee resettlement just because a taxpayer-funded group desires it.