Court of the state of Hawaii has proved itself as “the most humane court in the world.” The court blocked the adoption throughout the U.S. of the decree of Donald trump, restricting the entry of nationals of Somalia, Yemen, and four other Muslim countries. “It makes us look weak,” said trump: the second “anti-immigrant” decree befalls such a fate. Can the President of the United States to circumvent judicial obstacles?
“A court of one state may destroy or create a precedent for the destruction of the decisions of the democratically elected President”
Earlier it became known that the Federal court judge in Honolulu, Hawaii, Derrick Watson imposed a ban on the entry into force of the decree trump’s imposing restrictions on entry into the United States. Explain the decision of the Hawaiian court is nationwide in its character, that is covers the entire territory of the United States.
The decree, which was blocked by a Hawaiian judge, was signed by President trump on March 6 and was supposed to enter into force in the night of Thursday. We are talking about a 90-day ban on entry into the United States for citizens of six Islamic countries – Iran, Yemen, Libya, Syria, Somalia and the Sudan.
This note is the second “anti-immigrant” decree trump, who put obstacles – the previous one was signed in late January and cancelled by the decision of the judge of Seattle, Washington. Trump then dubbed the judge “so-called,” and his decision “ridiculous”, but that was all. It was noted that the new decree introduces a relief in comparison with the previous version – in particular, the number of “forbidden” countries excluded Iraq, and was allowed entry to citizens of Muslim countries who have a us visa or a residence permit in the United States.
But this variant did not suit judge Watson of Honolulu, and the attorney General of the state of Hawaii Douglas Chin. The Prosecutor supported the claim, stating that the decree trump “will suffer the ethnic diversity” of the state, and moreover, would damage the tourism industry.
“We will fight against this horrible decision!”
Ban Hawaiian judge found the President in Nashville, Tennessee, where trump spoke to his supporters. “This decision makes us look weak” – quoted by TASS statement by the American President. And besides, said trump, it is “an unprecedented abuse of power of the judiciary.”
“The law and the Constitution give the President the right to suspend immigration when he or she believes that it is in the interests of the country, urged the American leader. – We will fight against this horrible decision, we will bring this matter as far as necessary.” “So far” is based on the words of trump, “including to the Supreme court.” “We will win, and our citizens will be safe”, – assured the President of the supporters.
The Ministry of justice has promised “to defend in the courts,” trump. In a statement, the justice Ministry said disagreement with the decision of the Hawaiian court, which is named “defective”.
War between judges and the Executive will continue
“There’s a problem of case law, where the judgment of one state actually spreads to other States,” – said the newspaper VIEW, political scientist-americanist Boris Mezhuev.
As this case law, we could all refer to this decision. Not to say that immediately canceled a Federal ruling. But other courts who will make the decision, can refer specifically to this court as justification for the ban, said the expert. “There is a precedent, which certainly can be used,” said Mezhuev.
The Executive power cannot reverse this decision. So either the courts of other States take an alternative decision, or the case comes to the Supreme court, which will have to make the final verdict, whether separate staff is to act contrary to the decision of the President, Ministry of justice, and so forth, said the expert.
But the problem is that the Supreme court is now split into two parts. Members, appointed there by trump, have not yet passed the Senate. “So there is some paralysis of the Supreme court – said Mezhuev. – This war between judges and the Executive will continue and will be resolved only when the state Supreme court will be fully staffed”.
“White America” will defend its borders
The analyst reminded that Hawaii is a liberal, democratic tradition and where the primaries of the Republicans endorsed Mark Rubio. In addition, Hawaii is home to a large Latin American community (8.9 percent according to 2010, despite the fact that in fact native Hawaiians – not more than 10%), 38.6% of the population are from Asian countries. “It was easy to imagine what they will create such a legal conflict,” – said the expert.
Demarche Hawaiian court means “the real resistance of the legislative body of the Executive power, the continuation of the same internal American conflict between globalism and nationalism,” said the analyst. In addition, it is “a real demonstration that the Latin American minority in Alliance with the liberal forces will try to derail the nationalist agenda brought by trump”, he added Mezhuev.
“It is a violation of the democratic rules when the court of one state may destroy or create a precedent for the destruction of the decisions of the democratically elected President and even Congress. That is a minority, using those or other features of the system, allows to put a spoke in the wheel” – said the analyst.
However, the topic of racial, ethnic, interethnic, migration, security problem is very serious for US. “This is the sensitive nerve that trump was caught and he will not let go. The electorate will not let him go. “White America” will defend its borders, its identity, and unlikely such decisions, especially a Hawaiian court to suspend this political choice,” he concluded.