This is why we celebrated the Trump win. The spectre of constitutional crises every day.
Thursday evening the 9th Circuit court of appeals ("Dude...affirmed!") affirmed the order of the District Court Judge.
The constitutional crisis in the Nixon administration started with the Saturday night massacre, and ended six months later when the Supreme Court upheld the district court judge's order requiring the white house to produce the tapes. Nixon resigned in August 1974 and Gerald Ford declared "our long national nightmare over." (Over/under on Pence saying that is November, 2018).
In May, 1861, two months into office, President Lincoln suspended the great writ of habeas corpus and then defied the US Supreme Court. As Judge Hirsch has probably recounted dozens of times to dazed young PDs and ASAs, John Merryman, a State Legislator from Maryland was arrested for hindering the movement of Union Troops. Merryman was held at Fort McHenry. His lawyer (not Sy Gaer) filed a for a writ of habeas corpus to bring the body of the defendant to a district court. Lincoln issued an executive order (well before Trump ever did) that suspended the right for the great writ of habeas corpus on military bases. The commander of the fort followed the order of his commander in chief and refused to deliver Merryman.
US Supreme Court Chief Judge Roger Taney paused briefly in his penning the Dred Scott decision to rule that Lincoln did not have the authority to issue an order suspending habeas corpus. Lincoln sat tight. He didn't respond. He didn't reply. And he didn't order Merryman released, and we had our first constitutional crises.
We are a blogger of the people. We don't mingle with hoi polloi, but we sometimes visit and observe. And Thursday night was an exercise in the people's version of constitutional law. We sat transfixed, nursing a cheap (for us) Cabernet while a twenty-something SoBe bartender with rings in her nose, lips and ears, and a sleeve of tattoos not covered by a revealing tight black tank-top lectured us about standing, the 9th circuit, and that their order had no basis in the establishment clause of the first amendment. Fascinating.
We wrote- what seems like an eternity ago- that Article III judges were all that stood between our president and a dictatorship. While we disagree with the 9th circuit's analysis, we are proud to live in a country where a Judge can tell a president "NO" and No means No -Lincoln and Taney not withstanding.
Lincoln refused Taney's order two months into his presidency while struggling to deal with a rebellious Maryland border state. Not to be outdone, 45 has provoked a crisis less than thirty days into office while struggling to deal with a rebellious white house staff.
Here's the order from the 9th.
From Occupied America...fight the power.
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