Last night, the Supreme Court once again overstepped the powers of the Judicial Branch and callously disregarded basic principles of the Constitution. The case regarded Kilmar Abrego Garcia, a national of El Salvador, who entered the United States illegally in 2011. Even though his asylum claim was rejected, he became a leader in the Long Island branch of MS-13, which committed at least 70 brutal murders to date. The Trump Administration deported him to his home country in March, acting on its mandate to end the illegal migrant invasion. Yet last night, legitimizing a prior judicial excess, the Supreme Court ordered the government to bring this violent illegal immigrant gang leader back to the United States.
Article II of the Constitution plainly states that “the Executive Power shall be vested in a President of the United States of America,” who must ensure that America’s laws are “faithfully executed.” As the head of the Executive Branch, President Donald J. Trump deported Abrego Garcia and tens of thousands of other violent, illegal immigrants in accordance with 8 U.S.C. § 1227(a)(1)(B). In this case and countless others since President Trump was inaugurated, activist judges lacked legal grounds to oppose the President’s actions. Instead, they resorted to an unconstitutional “emergency brake” system of nationwide injunctions that infringed on the President’s Article II powers and damaged the credibility of the Judicial Branch.
The New York Young Republican Club calls upon the Supreme Court to rule on whether President Donald J. Trump is in charge of the Executive Branch of government, or if Article II of the Constitution is little more than a farce. The People of the United States voted for change in November, and an activist judiciary cannot be allowed to abrogate the Constitution and illegally restrain the Executive Power. The Supreme Court must immediately take two actionable steps to restore public faith in the Judiciary: first, they must end the epidemic of nationwide restraining orders. Then, they must then clearly define the powers of the Presidency for all to see. If they decline to take these steps, the Court risks making a mockery of the Constitution and the laws of the United States.