That’s a fair description of San Francisco Federal Judge William H. Orrick’s showboating against President Trump’s executive order that existing Federal law [8 U.S.C. 1373] against sanctuary cities be enforced. The law in question was enacted by Congress in 1996. Who was president in 1996? Bill Clinton. Back then Democrats were opposed to illegal immigration, I guess.
Enforcing already existing law is all the executive order in question does, and the judge acknowledges as much in his rendering. It’s proper to call it a rendering because it’s not a legitimate legal ruling; it’s plain and simple a political screed intended to keep Judge Orrick in good standing with San Francisco liberals.
Nowhere in the XO is there an attempt to cut off Federal funds to sanctuary cities. That would require action by Congress. [But three specific Federal grants are already authorized by statute to be withheld]
The news reporting I’ve heard attempts to characterize Judge Orrick’s political statement as a holding prohibiting the Executive Branch from penalizing sanctuary cities because only Congress has that authority. Again, nowhere in the XO is there an attempt to cut off Federal funds to sanctuary cities. Trump’s XO expressly directs the Justice Department to take actions only insofar as existing law allows. The existing law is 8 U.S.C. §1373 which prohibits state and local governments from preventing local government agencies from communicating with the Federal government regarding the immigration status of any person.
Trump’s XO merely orders the Justice Department to enforce this existing law. Under Section 1373 local officials who violate it presumably may be indicted. The law states that it applies to any “person or entity.” It would seem to apply to Judge Orrick. If so, his 49-page epistle is not only wrong, but illegal. The U.S. Constitution states that Federal judges are appointed to serve for life, but only “under good behavior.”
There are two reasons why this happened. It makes Judge Orrick appear to be a good liberal and the media loves it because it purports to discredit President Trump. That’s all it’s about, that’s all that is going on here. Impeachment of Judge Orrick should be what is going on.
President Trump should not appeal this ruling to the 9th Circuit because that’s just another den of liberals who will uphold it. Instead he should simply rely on the fact that a judicial ruling done without jurisdiction or authority is a legal nullity.