Friday, February 10, 2017

This Shit is Getting Real: Trump v. The Constitution



https://www.theatlantic.com/politics/archive/2017/02/trump-tried-to-intimidate-the-judges-over-his-ban-and-he-failed/516294/


Watching the ferocious clashing of two branches of US Government is more exciting to me than watching the Superbowl.This is a full on fight between Trump and courts. I say "courts" because its not just the 9th Circuit he is up against. It is judges everywhere. In every court in every state of America.  You can't treat a judge like shit because you disagree. Judges are people too.  They have feelings. And his statements will continually come back to haunt him. He called the court's decision outrageous. He said the answer is so simple, even a high schooler would get it. He said it should be EASY D, whatever in gods name that even means.( I heard it is gay slang for promiscuity).  He said if something bad happens it will be their fault. His words are treasonous.

I listened to the oral arguments. Trump's lawyer had a tough job. He sounded demoralized throughout the proceedings. Yeah the judges were asking him tough questions. Its not really his fault there simply were no good answers. He couldn't pull a Kellyanne Conway or Sean Spicer and refer to a set of "alternative facts" when pressed for factual support for his argument. If Trump was there he would have said something like "Don't worry about it your honor. Believe me. Believe me. Nobody knows better than me."

I'm pretty serious when it comes down to constitutional rights. They mean everything to me in my personal life and my law practice. I believe that even as unpleasant as some situations can be, constitutional rights are paramount. Even if it means giving up some safety.  They must be defended vigorously and without discrimination. They can't be set aside because the President is trying to scare you in to just believing him.

Whether you like it or not, the Constitution is firmly on the side of the many thousands of citizens and individuals whose rights have been violated by the travel ban. The Constitution does not understand radical Islamic terrorism and "bad hombres". Maybe it would understand "lobsterneck", (a derogatory comment for redcoats back in the day). But the Constitution is not sensitive to the latest and greatest threats to society just because there are bad hombres out there. What if Trump really knows something we don't? I doubt it. The Court was willing to consider evidence under seal before making their decision. Trump had nothing to offer. I imagine if we were on the edge of disaster, there would have been a submission of something.  But all we got were vague references to "findings". What the fuck is a finding?

Oh the Drama! The Supreme Court is split 4-4 right now. If Neil Gorsuch gets in on time there will be a Conservative majority. What if he is held up long enough to miss the vote? The Democrats wouldn't try to do that would they? Regardless I think the issues will be clear enough for the Court to come together and decide against Trump. Unless Trump comes up with some real evidence to support his claim which is essentially;  national security must trump the constitutional rights of individuals under these circumstances.

If we have a Supreme Court oral argument on this I'm throwing a party. No talking though.