Hawaii Judicial Overreach.
A federal judge in Hawaii has stepped entirely outside the lines of judicial precedent with his temporary restraining order of the second of President Trump's Executive Orders regarding the banning of individuals who are traveling to the United States.
The Judge’s order, a 43-page missive, is replete with legal guesswork. The judge determines his own understanding of the legal concept of “standing.” Further, the ruling determines that the State of Hawaii has “standing.”
The Executive Order subject[s] citizens of Hawaii . . . to discrimination and marginalization while denying all residents of the State the benefits of a pluralistic and inclusive society. Hawaii has a quasi-sovereign interest in “securing its residents from the harmful effects of discrimination. . . . The Order also harms Hawaii by debasing its culture and tradition of ethnic diversity and inclusion.
The order goes on to ignore the constitutional authority that the president has to call for just such a ban. From Title 8, Chapter 12, US Code 1182
(f) Suspension of entry or imposition of restrictions by President
Whenever the 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 may by proclamation, and for such period as he shall deem necessary, 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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
Note: I have put the above here so you don’t have to extend yourself and attempt to find it on your own. Given the Constitutional authority, the Federal Judge and his argument is invalid.
Now it is time to move on to allowing our government to govern.