In a better world, we’d all suffer from heartburn reading the headline, “Supreme Court allows Trump asylum restrictions to take effect.” We don’t need a Supreme Court to “allow” us to have a sovereign nation or to “allow” a president to use his authority to deny entry to any foreign national. However, in our prevailing political system, I’ll take “allowing” over disallowing any day of the week. Now the Trump administration has an opportunity to go on offense and kick these district judges while they’re down and drive a stake through the heart of the border crisis, ending it once and for all.
Late yesterday, the Supreme Court reversed the partial injunction of the Ninth Circuit and the nationwide injunction by California Judge Jon Tigar against the administration’s policy of rejecting asylum requests of those who could have claimed asylum in another country. Only two justices – Sonia Sotomayor and Ruth Bader Ginsburg – went on record as dissenting from the unsigned SCOTUS decision to reverse the unprecedented lower-court power-grab, at least pending the disposition of the case on the merits.
Now is the time for the administration to strike while the iron is hot and put an end to this entire concept of carefully selected district judges in California controlling international relations and border policies. Rather than tepidly ease into the border policies pending the outcome of the case on the merits, the administration should begin immediately rejecting every non-Mexican asylum applicant at the border. No half-measures and no more deference to the same judges who have been repudiated over and over again.
Trump should call on Sen. McConnell to bring to the floor the bill introduced yesterday by Sen. Tom Cotton, which officially clarifies existing constitutional law that judges cannot issue rulings outside the cases of legitimate plaintiffs and that district judges cannot apply rulings outside their geographical jurisdictions. He should also have a conservative member of the House introduce articles of impeachment against Jon Tigar, who has now blatantly violated the core of judicial power by giving standing to third-party organizations to sue as aggrieved parties just so he can veto border policies.