Trey Gowdy takes aim at 9th Circuit immigration ruling

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U.S. Rep. Trey Gowdy (R-S.C.) has weighed in on the 9th Circuit Court of Appeals ruling against President Donald J. Trump’s immigration ban.

For Gowdy, the ruling in the case of The State of Washington v. Trump was expected, but not because the president’s executive order was unconstitutional as many have argued. Instead, the Spartanburg congressman says the ruling was in line with the 9th Circuit Court’s tendency to make what he called “reversible” decisions.

“No one familiar with the 9th Circuit Court of Appeals should be surprised at today’s ruling,” Gowdy says. “The 9th Circuit has a well-earned reputation for being presumptively reversible.”

Yesterday, three judges ruled against a stay that would have put the ban back in place following last week’s ruling. That order effectively ended the ban, which many believes unfairly targets Muslims. The 9th Circuit Court seems to agree.

“The States argue that the Executive Order violates the Establishment and Equal Protection Clauses because it was intended to disfavor Muslims. In support of this argument, the States have offered evidence of numerous statements by the President about his intent to implement a ‘Muslim ban’ as well as evidence they claim suggests that the Executive Order was intended to be that ban…,” the ruling states.

A former prosecutor, Gowdy took note of the court’s argument that illegal immigrants have due process rights.

Of particular interest is the 9th Circuit Court of Appeal’s suggestion that even those unlawfully present in the country have certain due process rights with respect to immigration,” Gowdy writes.

“The Court cites Zadvydas v. Davis, 533 U.S. 678, 695 (2001) for the proposition that even aliens who have committed and been convicted of certain crimes while in the U.S. unlawfully may have due process rights with respect to travel to or from the United States.”

For Gowdy, the matter of due process has yet to be worked out by the court system as it applies to both legal and illegal residents and immigrants.

However, the lawmaker was adamant that the court has overstepped its bounds.

“It also seems clear judges are neither in a position, practically or jurisprudentially, to second guess national security determinations made by the commander in chief. There is a reason we elect the commander in chief and do not elect federal judges,” Gowdy said. “For those, like Alexander Hamilton, who once or now wondered if the judicial branch would be too weak. Wonder no more.” 

The White House could appeal the ruling to the U.S. Supreme Court, a decision that seems likely considering the president’s all-caps tweet in response to the ruling.

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The following is the full text of Gowdy’s statement:

Rep. Gowdy Statement on 9th Circuit Court of Appeals Decision

Spartanburg, SC – Rep. Trey Gowdy released the following statement after the 9th Circuit Court of Appeals ruled to block President Trump’s executive order on immigration.

“No one familiar with the 9th Circuit Court of Appeals should be surprised at today’s ruling. The 9th Circuit has a well-earned reputation for being presumptively reversible. Unlike the district court order, there is at least a court opinion which can be evaluated.

Of particular interest is the 9th Circuit Court of Appeal’s suggestion that even those unlawfully present in the country have certain due process rights with respect to immigration. The Court cites Zadvydas v. Davis, 533 U.S. 678, 695 (2001) for the proposition that even aliens who have committed and been convicted of certain crimes while in the U.S. unlawfully may have due process rights with respect to travel to or from the United States. In addition, the Court ventures curiously into its own role in reviewing a President’s national security conclusions. 

Legal permanent residents, non-citizens with current valid visas, non-citizens with expired visas (which were once valid), aliens with no legal standing, aliens who have committed a crime but have not yet been deported, and aliens who are not even present in the United States but seek to come are just a few of the categories the Supreme Court will need to determine what process is due, if any. It seems clear to most of us — not on the 9th Circuit Court of Appeals — there is no right to come to this country for non-citizens of the United States. It also seems clear judges are neither in a position, practically or jurisprudentially, to second guess national security determinations made by the Commander in Chief. There is a reason we elect the Commander in Chief and do not elect federal judges.  

For those, like Alexander Hamilton, who once or now wondered if the Judicial Branch would be too weak. Wonder no more.” 

What Do You Think?

4 thoughts on “Trey Gowdy takes aim at 9th Circuit immigration ruling”

  1. The reason we have three parts to our government is so they can balance each other. Since Congress is doing nothing but rubber stamping the President, it is well that the Court has actually read the Constitution and upheld the ban on a hastily conceived Executive order. Now it can continue through the process and, if we are going to add additional vetting or ban people from certain areas, it can be done properly and without affecting people who have been here for years and are productive members of our society. Perhaps Congress will even take some time to look at what is already being done and, if necessary, add some laws to make us more secure. That would be part of THEIR job too.

  2. Out of the 12,000 cases filed in the 9th Circuit in the year ending in March 2015, 11 cases were heard by the Supreme Court. Eight of those eleven cases were reversed. Based on those statistics, they look like they are doing a pretty good job to me. I have called and e-mailed Mr. Gowdy numerous ( over 10) times in the last 9 months. I have yet to receive a response from him or his office. I thought he was elected to represent his constituents in the upstate of South Carolina. Maybe Trey Gowdy ought to spend more time responding to his constituents, which actually is his job, rather than second guessing the court system. If he wants to be a judge, he should seek a judicial position. If he wants to be a Congressman, he should do his job.

  3. No judge should have the power to interpret the law to support their own personal agenda. Obama sign H.R. 158 Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. They need to read it!!!!!!!!!

  4. The irony of Republicans having an abrupt change of heart and suddenly advocating unquestioned or expanded federal and executive powers is not lost on me. However this only serves to mask the true issue. The real issue is that an inept president, for he has no apparent legal background, huddles in the middle of the night with his buddy, who also has no legal background, and whose known associates include white supremacists, and whose body of work indicates a desire for world war three to “cleanse” America, and who apparently is so untrusting of both Democrats and Republicans because of their global bent that they cannot share their executive order with them beforehand, writes a shoddy order that defies the American Constitution and indeed core American values. And we are instead going to be upset about judges reminding them that we indeed are all bound by the Constitution?? Furthermore, keep in mind these are Republican appointed judges mixed up in all of this!

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