Liberty's last champion is the motto of the FACDL. With all due respect to our colleagues, under the new Trump administration, it is becoming abundantly clear that the last champion of freedom, liberty, and all that the Constitution stands for is and will continue to be.... (this isn't easy for us)
The 45th President of the United States banned the entry of refugees into our country from several other countries on Friday. By Friday evening, there was chaos at airports around the nation and around the world. Families with green cards who have gone through a two year process of being vetted and approved were being detained at airports. Individuals who were doctors, scientists, and who had assisted US forces in Iraq were being denied entry and re-entry into the US.
Thus is the outcome when amateurs dable in US policy and when orders are issued by a tyrant based on populist whims.
In stepped the ACLU who filed an emergency lawsuit heard by US District Judge Ann Donnelly of the Eastern District of NY. Judge Donnelly blocked the president's executive order once the government attorneys could not refute that those travelers who had US green cards would not suffer irreparable harm. Minutes later, US District Judge Leonie Brinkema of the District Court in Alexandria, Virginia issued a seven day ban on the removal of any green card holders being detained at Dulles International Airport.
Lest we forget, Article III of the US Constitution states in part:
Section 1: The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
Section 2: The judicial power shall extend to all cases, in law and equity, arising under this Constitution...
Ladies and Gentlemen, readers of this blog, the only thing standing right now between the power of a tyrant and amateurs surrounding the tyrant, and ordinary and decent people, families, and children from being sent back to war torn countries merely because of where they came from and the deity they choose to worship, are a few dedicated lawyers, and the power of Article III judges.
It's a precarious position to be in.
On May 13, 1939, the ship St. Louis sailed from Hamburg, Germany carrying 937 Jews who were being persecuted in Germany merely because of their religion.
The passengers were denied entry into the United States because petty anti-semites in the State Department had no sympathy for their plight. The State Department's formal response included this phrase: "The passengers must await their turn on the immigration waiting list..." (sound familiar?)
No nation bothered to help the Jews on the St. Louis, and the passengers were returned to a bloodthirsty Third Reich where most of them died in concentration camps.
This week, the White House issued its annual statement on Holocaust Remembrance day. Shockingly, unlike any other statement issued by any other administration, the statement did not mention Jews.
This was NOT an oversight. This is the subtle influence of the Alternate Right, and its pandering to white supremacists. This omission cannot be read any other way. This is not because the President is a racist. He is not. But he was elected by racists, and he damn well knows it.
How is it possible that 77 years later, with all that we have witnessed to what nation states like Syria and Iran and Iraq can do to minorities in their country, that we can turn our backs on good and decent people who are fleeing an almost certain death?
All we have left is a Constitution and Article III judges who remain the last power against this bigoted tyrant who plays on the prejudices of dimwitted people who voted for him.
See You In Court, where sometimes lawyers and judges do damn good things and save lives.
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