A Bad Call by the U.S. Courts

With the memory of the big football game still fresh in the minds of many, here is an allusion to that sport that explains the recent rulings against President Trump’s travel ban…

Imagine that during a NFL game,  one team’s coach calls a new play.  The play works and the team seemingly scores a touchdown, but the referee throws a flag, calling a penalty.  The coach of the offence team politely beckons the ref to the sideline for a chat.  The coach cites the rulebook to the official saying every element of the play was legal, from the players on the field, to their movements, to their contact with opposing players etc.  The referee says the penalty will stand because he felt the other team wasn’t prepared for such a play, and therefore the play wasn’t fair. The play goes up to the review booth and the call on the field stands and there was no touchdown.

That’s basically what happened this week with the U.S. District Court and 9th Circuit Court reversing the president’s perfectly legal travel ban.  Like the referees in the example, the judges made a call based not upon what the “rulebook” says, but what they thought was equitable.  That is not their job, their job is to know the rules and make sure the government sticks to those rules when enacting policy.  It’s not for them to judge if a policy is good, only that it is legal per statute and the Constitution. It’s for us, the voters to decide if the president’s policy was a good one.  The courts need to stick to their jobs and not assume the responsibilities delegated to others under our system of government.

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