Donald Trump just lost
While Donald Trump continues to NOT do the job for which he was elected, federal judges are certainly doing theirs. Judges are thwarting Trump’s unconstitutional executive orders, and those rejections are helping our country deal with a would-be authoritarian. The main job of a judge is to uphold the law, and two of them have done just that.
Judge Beryl Howell permanently blocked Trump’s executive order against Perkins Coie, ruling that Trump’s targeting of law firms is unconstitutional. Judge Howell penned a 102-page order supporting her ruling, and it is scathing. Her opening sentence immediately lets us know where she stands: “No American President has ever before issued executive orders like the one at issue in this lawsuit targeting a prominent law firm with adverse actions to be executed by all Executive branch agencies but, in purpose and effect, this action draws from a playbook as old as Shakespeare,” which tells the story of a “rebel leader intent on becoming king.” This is a perfect description of Donald Trump.
Trump suffered a similar fate from Judge Fernando Rodriguez, Jr. Rodriguez is a Trump appointee who, because of his independence as a jurist was unanimously confirmed by the Senate. Judge Rodriguez permanently barred the Trump administration’s use of the Alien Enemies Act of 1798 in deportations. The Supreme Court overturned Judge James Boasberg’s ruling against deportations based on jurisdiction because he is based in D.C. Unlike Boasberg, Judge Rodriguez is based in Texas, giving him the authority for his ruling. Trump is finally finding out that regardless of appointment, good, law-abiding judges follow the rule of law. Period, end of story. Forbes approached the Trump administration for comment, but it has so far declined.
Following the rule of law as did Judge Howell, Judge Rodriguez ruled that the Alien Enemies Act can only be used when war has been declared or in the case of “an invasion of predatory incursion” that has been carried out or threatened against the U.S. In his ruling<>, Judge Rodriguez indicated that Trump’s invocation of the Act “makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation.” The law is the law, and while Trump attempts to skirt that law with his executive orders, it’s obviously not going to work.
The Trump administration can appeal both rulings, but the laws are not in their favor. Even though SCOTUS has given much leeway to Trump, they have not directly violated the law in his favor. Just because Trump is “president” doesn’t make him right. It is heartening to know that when others fight back, they do a positive service to the country. Maine sued and won, Perkins Coie won, and according to recent reports, Microsoft terminated “Trump friendly” lawyers in favor of those willing to fight him. Other states, corporations, and law firms need to follow these leads and fight back. As Kamala Harris said during her campaign, when we fight, we win.
Shirley is a former entertainment writer and has worked in the legal field for over 25 years