The ink had barely dried on my Wednesday column about judges who are stealing our sovereignty when another rogue judge in Texas issued what is perhaps the most radical decision on immigration of all time.
Our body politic has agreed to the false notion that even lower federal courts are the sole and final law of the land — no matter the policy issue, no matter the Constitution, no matter the views and powers of the other branches of the federal government and the states. Thus, “gay marriage” is the law of the land, transgenderism is the law of the land, 15 days of early voting is the law of the land, voting without photo ID is the law of the land, unlimited Somali immigration is the law of the land — even when all these fantasies directly contradict the actual laws of the land, duly passed by legislatures and signed by chief executives at the state and federal levels.
Well, now sanctuary cities are the law of the land.
Coming on the heels of another federal judge blocking Texas’ photo ID law, U.S. District Judge Orlando Garcia, a Clinton appointee who previously redefined marriage from the bench, blocked most of Senate Bill 4, which was designed to clamp down on sanctuary cities. S.B. 4 punished local law enforcement that failed to comply with federal detainer requests of illegals held in local jails before they are released. Judge Garcia granted a preliminary injunction, citing “overwhelming evidence by local officials, including local law enforcement, that SB 4 will erode public trust and make many communities and neighborhoods less safe.” He went on to cite the number of witnesses who testified against it as a rationale for the injunction. Who needs a Constitution when we have political arguments? This judge engaged in civil disobedience.
Remember, Garcia is the same judge who earlier this year directly nullified federal law and said ICE detainers are unconstitutional. Now he’s hiding behind federal preemption to say states are precluded by laws he doesn’t even recognize. This judge overturned several of Texas’ district maps earlier this month and was rebuked earlier this week when Justice Alito placed a stay on his injunction.
Federal statute (8 U.S.C. § 1373 ) explicitly states that “a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” Yet the judges are now punishing those who uphold the law and rewarding those who thwart federal authorities.
Even more amazing is that citizens can never get standing in court to sue against localities that thwart federal law, yet illegal aliens can indirectly secure standing to sue states that follow the laws in order to nullify federal law. Ironically, the major cities that were plaintiffs in this suit have only obtained their political power because they are saturated with illegal aliens. Between their use of our courts against us, their ability to influence politics, and the fact that they are counted in the Census, illegal aliens are stealing our sovereignty, our legacy, and our birthright. We are strangers in our own land. Immigration above all other issues demonstrates the emergency of unchecked judicial supremacy, and I examine this in my book, Stolen Sovereignty.
Here's the funny thing: Judges throughout the country are saying that the federal government is powerless to punish sanctuary cities because it would be unconstitutionally coercive. Yet now they are saying state governments can’t do it either. How convenient that these decisions net the desired political outcome in each case.
Courts are now saying states and localities can thwart federal immigration law (but must obey every illegitimate federal power), states cannot enforce federal law, the federal government cannot enforce federal law against sanctuary cities, and now even states cannot enforce federal immigration laws against sanctuary cities. The courts have officially nullified immigration law, prevented all governments from protecting our sovereignty, and empowered illegal aliens over the America citizen.
What can be done
Folks, we are living through a judge-created political emergency, the likes of which were never seen even during the depths of the Warren era. The judiciary has now codified the entire Democrat agenda into the Constitution. As such, elections are now meaningless, because to the extent Republicans do anything we’d like them to do, the courts will nullify it. The only reason we don’t see the effects of judicial tyranny more often is because Republicans barely do anything. Yet, the few states like Texas that are trying to restore a modicum of sanity to our government are being bullied by the judicial autocracy.
Alexander Hamilton wrote in Federalist No. 33 that when the federal legislature steps outside the enumerated powers to crush the states, those acts are “merely acts of usurpation and will deserve to be treated as such.” Twenty years ago, before illegal alien supremacism, transgenderism, and redefinition of marriage were in vogue, Robert Bork said, “[T]o the objection that a rejection of a court’s authority would be civil disobedience, the answer is that a court that issues orders without authority engages in an equally dangerous form of civil disobedience.” It’s the courts that are in rebellion here.
It’s now or never. This issue will only get worse with every passing day.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.