Supreme Court nominee Judge Brett Kavanaugh is seen in the East Room of the White House in Washington, U.S., July 9, 2018. REUTERS/Jim Bourg
Trump’s two appointed Supreme Court Justices (Kavanaugh and Gorsuch) voted against his challenge to California’s sanctuary cities law.
The Supreme Court on Monday refused to hear the Trump administration’s challenge to a California “sanctuary” law, leaving intact rules that prohibit law enforcement officials from aiding federal agents in taking custody of immigrants as they are released from jail.
Only Justices Clarence Thomas and Samuel A. Alito Jr. voted to hear the administration’s appeal.
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The Trump administration’s challenge was launched by former Atty. Gen. Jeff Sessions. He insisted California was unconstitutionally interfering with federal immigration enforcement. But the Supreme Court, in a decision written by the late Justice Antonin Scalia, has said state and local officials are not obliged to carry out federal enforcement. That state’s rights doctrine appears to have prevailed. Even Trump’s two appointees — Justice Neil M. Gorsuch and Brett M. Kavanaugh — refused to hear the administration’s appeal.
Trump was attempting to expand the power of the Executive Branch to invalidate state immigration laws. Conservatives, until Trump, have traditionally believed in the rights of states and have tried to limit the expansion of federal authority.
It is not surprising that Trump lost in the Supreme Court. The administration didn’t have much of a leg to stand on, as the California law isn’t in conflict with federal enforcement. California, as with any other state, has the right to not assist federal immigration authorities.
According to the Supreme Court, not helping is not the same as interfering. Trump has had a disaster of a day in the Highest Court In The Land.
It looks like Trump’s presidency built of sand is slipping away, as his own nominated justices won’t stop the sea of change.
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