Republican Senator Trey Gowdy has been known for his logical take on political moves and decisions. He has now delivered a response to the 9th Circuit Court of Appeals ruling to uphold the suspension on President Trump’s travel ban and his statement is the most logical argument that has been presented to date.
No one familiar with the 9th Circuit Court of Appeals should be surprised at today’s ruling. The 9th Circuit has a well-earned reputation for being presumptively reversible. Unlike the district court order, there is at least a court opinion which can be evaluated. Of particular interest is the 9th Circuit Court of Appeals’ suggestion that even those unlawfully present in the country have certain due process rights with respect to immigration. The Court cites Zcdvydcs v. Davis, 533 U.S. 678, 695 (2001 ) for the proposition that even aliens who have committed and been convicted of certain crimes while in the U.S. unlawfully may have due process rights with respect to travel to or from the United States. In addition, the Court ventures curiousty into its own role in reviewing a President’s national security conclusions. Legal permanent residents, non-citizens with current vaid visas, noncitizens with expired visas (which were once valid), aliens with no legal standing,aliens who have committed a crime but have not yet been deported and aliens who are not even present in the united States but seek to come are just a few of the categories the Supreme Court will need to determine what process is due, if any. It seems clear to most of us -not on the 9th Circuit Court of Appeals – there is no right to come to this country for non-citizens of the United States. It also seems clear judges are neither in a position, practically or jurisprudentially, to second guess national security determinations made by the Commander in Chief. There is a reason elect the Commander in Chief and do not elect federal judges. For those, Eke Alexander Hamilton. who once or now wondered if the Judicial Branch would be too weak. Wonder no more.