Dr. James A., PhD
On March 10, 2017, AP reported that a judge in Wisconsin has blocked President Trump’s newly revised travel ban, again, under the false “Muslim Ban” moniker*. Source Apparently, a Muslim man claims to have attempted to bring his family from Aleppo, Syria, after being granted asylum, but the process has been stalled for at least a year.
Stalled for a year.
This brings up an interesting point. Trump has only been president since January of 2017. This means that the litigant in this case was prevented from bringing his family to America under the Obama administration. SO WHY DIDN’T THE ACLU SUE OBAMA FOR A “MUSLIM BAN”??? And how is it that the GROUNDS for challenging the prevention of his family coming to the U.S. have CHANGED now that Trump is president?
This is a lawsuit of convenience where a liberal attorney cherry picked a case that he/she could convert into an argument against Trump’s vetting. It is a clear abuse of process and patently frivolous. This type of judicial activism is demeaning to our justice system.
I have a solution, however. Since it appears that the ACLU and other liberal, globalist law firms will continue to judge-shop and use the courts to attack Trump, Republicans can and should do the same thing. Fight fire with Fire. Find a case, sue Trump, and lose on purpose! Let me explain.
There are 2 rules that prevent re-litigation of a case: Res Judicata and Collateral Estoppel (One prevents litigation of the same case after judgment, the other prevents attack on the same issues of a case). The attorney simply finds a litigant willing to file a lawsuit in a known conservative judge’s court (i.e., conservative judge shopping). This will result in a decision in SUPPORT of Trump’s travel ban. The effect this will have is that other district courts will not be able to cite another federal district court’s banning of Trump’s order, and will force the cases into the appellate courts and cause a split among the circuits that will have to be resolved by the Supreme Court.
Trump and his supporters need to take the gloves off. We won the election, but liberals & globalists are doing all they can to make Trump a lame-duck president. We shouldn’t let them get away with it, and it’s time to fight back as dirty as they do (minus the pedophilia).