President Trump was correct in excoriating liberal activist federal judge James Robart for his grossly legally defective temporary restraining order against President Trump’s temporary travel ban. Beyond excoriation Robart needs to be impeached and removed from the bench for judicial incompetence.
Robart reached far beyond his judicial authority in even supposing that the State of Washington had standing to appeal President Trump’s order in the first place. Robart hinges his entire ruling on a concept called parens patriae, a term meaning “A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.” Ordinarily used by states to protect children and those who are incapacitated, Robart here tries to invoke this state-level power against the Congress and the President.
In the case Massachusetts v. Mellon however, the Supreme Court ruled with absolute clarity that “it is no part of [a State’s] duty or power to enforce [its citizens’] rights in respect of their relations with the federal government.” It’s difficult to imagine a ruling that more clearly denounces and derogates both judge Robart and the State of Washington in this clearly extra-legal attempt to arrogate the power of controlling immigration to the State of Washington. If Robart didn’t know about this case he was explicitly informed of it by the Department of Justice in its objection to the TRO, so he has no excuse for ignoring an on-point Supreme Court ruling.
The power over immigration is exclusively reserved to the Congress, and its power is plenary, which means total, complete and unreviewable. Congress delegated certain powers to restrict immigration to the President by enacting 8 U.S.C. § 1182(f), which says that when the President (any president) “finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States,” he is authorized to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”