Immigration and legislating from the bench
In 2015 a CA Federal judge ruled against the Obama administration for holding families of illegal immigrants who crossed the US border in detention facilities. In her "ruling", Judge Dolly M Gee cited the 1977 agreement known as the "Flores Settlement". The Flores Settlement was a settlement of a class action suit which only sought to protect unaccompanied minors. Judge Gee expanded and thus corrupted that precedent to include ALL minors in the custody of federal immigration officials.
For those of us who criticized then President Obama, we now see the choices he was faced with. "Catch & Release" may well have been the result of a "lessor of two evils" decision. What we are seeing play out over and over again are the consequences of activist judges making emotional rulings, which they really don't have the legal authority to make. The election of Donald Trump has provoked an abundance of such rulings. Thus far we have seen activist judges try to deny the President his right to place a travel ban on countries that lack proper vetting of individuals seeking asylum in the US. The President, even this one, has wide latitude to provide for national security via immigration & travel. Another activist judge (DC Judge John Bates) took the political pressure off Congress from acting on the DACA problem by issuing an outrageous ruling which not only extends an illegal act (the original Obama EO), but also allows certain DACA recipients to apply for work permits. Another activist NY Judge issued a similar ruling. All wrong rulings, which need to be corrected through the time consuming appeal process. They shall be overturned eventually, in the meantime these activist judges have hamstrung the Trump administration.
The role of Judges is to defend the law within the text of the law, not to legislate from the bench.
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Judicial activism during the Trump Presidency has been all too frequent.
Only 45%?
That was in January. Let me update it:
Glad you posted the update before I went looking for it, Vic. I was pretty sure that I'd read last week that the number was in the low 60s!
By November it should be everybody but the liberals