White House Official Miller Criticizes Court After Legal Blows on Immigration
A White House official on Sunday attacked a court after its legal blows on immigration during an interview on "Fox News Sunday." Senior policy adviser Stephen Miller criticizes the court ruling that blocked President Donald Trump's executive order on immigration as a "judicial usurpation of power" and said the administration is considering options that include a new order.
There has been an ongoing criticism of the judiciary from the White House over Trump's view of the constitutional principle of judicial independence as the administration seeks to overthrow legal blows to its immigration ban. Miller criticized the 9th U.S. Circuit Court of Appeals ruling that upheld a Seattle federal judge's suspension of Trump's immigration order. The White House official accused it of having a history of overreaching and of being overturned, the Reuters reported.
"This is a judicial usurpation of power," Miller said on "Fox News Sunday." The White House official claimed the judiciary has become a supreme branch of government and that one elected judge in Seattle cannot make laws for the country. "The president's powers here are beyond question," he said with Trump, thereafter, expressing his approval through twitter over the official's statement. Further, Miller said that new executive orders are under consideration to ensure the immigration system against terrorists.
On the other hand, legal experts criticize the White House official's statements as an absurd lack of appreciation that could weaken the constitutional separation of powers between the three branches of government. Jens David Ohlin reiterated the principle that the commander in chief executes the laws, but it is the judiciary that interprets both the laws and statutes passed by Congress. Miller's statements refute the constitutional principle because according to him "the branch of government, including the president, has independent authority to decide what the law and Constitution mean," Ohlin said.
Notably, the immigration laws give presidential power to restrict who enters the country but the same laws prohibit discrimination and could also involve First Amendment protections involving religion. As such, there must be a thorough delegation of responsibilities between the branches to avoid future criticisms and disappointment from the people. In a situation where the administration is new and adapting, White House officials must work hand in hand with the rest to better serve the people and its country.