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A Travel Ban that Wasn’t

Posted by Scott Rohter on Friday, February 10, 2017



 Three Judge Panel on Ninth Circuit Court Objects Unanimously

By Scott Michael Rohter, May 2017


The judicial system in America is facing a fundamental and philosophical crisis. It is the same type of existential crisis that our political system is facing. America’s courtrooms are  filled with jurists who are bitterly divided along partisan and political lines just like the rest of the country is. Judges are no more impartial than journalists are. College professors are not teaching students how to think, but rather what to think. Political bias has infected most of our country’s classrooms just like it has permeated most of our nation’s courtrooms. Our entire political system is adversarial. Judges routinely ignore the oath they swore to uphold and enforce the Constitution while members of Congress are rewriting the Constitution without going through the constitutional amendment process. You can get just about any legal opinion you want today if you file your case in a sympathetic jurisdiction, in a State where the Appellate Court is likely to agree with you. The scales of justice in America are so badly skewed that it is a wonder that anyone respects the law in this politically charged rivalry that most attorneys know how to play to their own advantage.


U.S. District Judge James L. Robart

A legal decision does not have to be correct. It doesn’t even have to be the truth. It is merely an opinion, and there are just as many opinions as their are different people. Everybody has an opinion.  If you file a claim in a State where the majority of people happen agree with you then you are probably going to wind up with the ruling that you want. That is why the State Attorney General of Washington filed an objection to President Trump’s travel ban. This is a State where the government’s appeal would be heard by the Ninth Circuit Court which is the most liberal court in the country.



Judges Richard Clifton, William Canby and Michelle Friedland

Public Broadcasting stated that, “The Ninth Circuit Court is perceived as “Left leaning.”   That is one of the most profound understatements I have ever heard. The Ninth Circuit Court of Appeals is the most liberal court in the entire country and everybody except the schlemiels over at National Public Radio knows that. A panel of three liberal judges on the Ninth Circuit Court was unanimous in their decision to prevent the President of the United States from fulfilling his constitutional obligation to keep the American people safe.




There are two opposing views about what President Trump should do now in view of the fact that the Ninth Circuit Court has ruled against his proposed travel ban. He can thumb his nose at the Court like President Andrew Jackson did, and tell them to try to enforce their own decision while he proceeds to implement his travel ban… That would come with a risk of partisan Democrats in Congress bringing impeachment charges against him while the media keeps cheering them on.. Some people think that is exactly what the Democrats were hoping for when they filed their objections to the travel ban. In the previous administration President Obama listed those same seven countries in an executive order which placed them all on a watch list without raising a single objection from anyone.


Another viewpoint is that President Trump should just play along with the Appeals Court for now while the Administration appeals the decision to the Supreme Court… The danger in doing that is it limits the President’s immediate power to protect the country. It also establishes a dangerous precedent which limits future President’s authority in the area of national security. It is not necessarily true that President Trump is guaranteed to prevail in the Supreme Court. With justices like Kagan, Sotomayor, Ginsberg, Breyer and Kennedy on the Bench nothing is guaranteed.

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