With numerous changes being brought upon with our new presidency, we don’t know what will occur next. Most of us are fearful, curious, or simply awaiting as to what action Trump will take next and to most of our surprise, the next party to take action has been the Department of Homeland Security. The Department of Homeland Security (DHS) has now suspended Trump’s travel ban and ordered to resume “accordance with standard policy and procedure.”
The statement released by the DHS on their official websites opened with, “In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.” They swiftly pointed out that their decision was due to a federal judge’s ruling, Judge Robart, who also commented “The state has met its burden in demonstrating immediate and irreparable injury” (Bellisle AP, 2017). Judge Robart’s decision must be complied with and it is the first opposition we truly see taking effect against Trump. Earlier someone mentioned that Laurence H. Tribe had filed a lawsuit against Trump for violating the Emoluments Clause and while other parties like the city of San Francisco have also sued Trump for violating sanctuary city orders, the decision of judge Robart has been the first to actively oppose the power being imposed by Trump since his inauguration.
I believe that what is happening currently with DHS having to follow orders by a federal judge demonstrates that Trump cannot have full control and power over everything as it has seemed these past weeks. It demonstrates that the checks and balances created within our government were created and now implemented for a reason. It seems where one thing can be done, another can always oppose, being that the Department of Justice is filing an emergency stay of Trump’s travel ban order. I’m interested in the ways that judges, attorneys and all people in the field of law, justice and politics will maneuver around creating and defending cases to oppose or defend Trump. We have to consider that this will occur at a state level and a federal level with the president acting as his own entity, essentially gives three battlegrounds for these issues to sparr in. Not only is there different branches and divisions of governments but there are many changes occurring within these institutions as to who is the new director, secretary, etc. that it gives more room for change and instability on issues that were previously decided on.
As touched on in class, the Supreme Court plays an important role in these checks and balances and we questioned who really keeps the justices in check if anyone at all. Supreme Court Justices are sworn in for the rest of their lives and if they are stern on an issue, they can make the choice of being that way until the end. The cases brought forth in the court will be telling of the case law our nation will create during these tumultuous times and also of the cases we need to analyze more closely as a community.