On Friday, the federal judge in Washington State, Judge Robart refused to place an injunction on President Trump’s travel ban, but a second activist judge in Wisconsin ruled that the plaintiffs were likely to win their lawsuit despite a couple of Supreme Court rulings that said the president is the sole arbiter of immigration enforcement.
Trump signed EO 13780 on Mar. 6, which was a revision of his original order EO 13769. Judge William Conley of the U.S. District Court for the Western District of Wisconsin, an activist judge granted plaintiffs a TRO (Temporary restraining order) . Here is the interesting thing. Should it go to the Supreme Court, the liberals on the court could rule the TRO stands because the EO (Executive order) is unconstitutional. That could happen if they rule before Gorsuch is confirmed to the court.
But, if they rule that the president does not have the same right that six previous presidents used, those EOs could become null and void also and that includes the one on Dreamers. The work permits and social security numbers granted under various EOs from Obama could be revoked. Even liberal judges would have a hard time reconciling the differing rulings.
THIS IS WHAT JUDICIAL ACTIVISM LOOKS LIKE
A TRO is a temporary emergency measure that typically lasts less than two weeks, only long enough to give a district court judge enough time to fully consider an urgent matter in a lawsuit. A TRO is only issued in extraordinary situations.
Connelly has ordered legal briefs filed on an expedited basis for the next stage of litigation and will hold a court hearing on Mar. 21 on whether to convert the TRO into a preliminary injunction, a longer-term remedy that could stay in place for however long it takes to reach a final decision on the legality of EO 13780.Although a TRO cannot be appealed, a preliminary injunction can, which could take either case quickly to the next level of the federal judiciary. The Washington case would go back to the Ninth Circuit, while the Wisconsin case would go to the U.S. Court of Appeals for the Seventh Circuit in Chicago.