April 1st, 2017

Hawaii judge enjoins Trump from issuing executive orders

District Judge Derrick Watson of Hawaii has been in the news quite a bit lately. You may recall that he was one of several judges who issued orders in separate but similar cases to block Trump’s revised EO regarding travel from six Muslim nations. Even more recently, Judge Watson extended the order:

At a hearing in Honolulu on Wednesday [March 29], federal lawyers asked Watson to either dismiss that order or narrow the restrictions to apply to fewer parts of the travel ban.

Instead, Watson said he would turn the order into a preliminary injunction, which has the effect of extending his order blocking the travel ban for a longer period.

Watson said he would keep intact the restrictions on the travel ban — a block of its 90-day moratorium on travel to the U.S. from nationals of six majority-Muslim countries and its 120-day pause on new refugee resettlement.

But that’s not all. Today, in an unprecedented Saturday session, a ruling was issued in another case that had been ridiculed when it first was announced, that of students Justin Hattersea and Monica Slater of the University of Hawaii, who had sued to enjoin President Trump from issuing executive orders of any kind. Many legal experts had declared this suit absurd, stating that there is absolutely no precedent for declaring that plaintiffs Hattersea and Slater have standing to sue. But, as happened in the previous cases, the idea of standing was expanded:

Rules on “standing” mean that not just anybody can waltz into federal court and challenge government actions. To maintain an action, you must demonstrate that you have suffered a violation of a recognized right. To use the lingo of the courts, you must show that your injuries are “concrete and particularized.”…

[The court] used the hurt feelings (yes, really) of American residents and the hypothetical economic harm to American states and local institutions [to grant plaintiffs standing]…

The court granted an individual citizen standing to sue in part because he was “deeply saddened by the message [the executive orders] convey.”

Those quotes from the judge in the previous, narrower case were reiterated and expanded on today in the ruling on the broader case, from which this excerpt is taken:

Plaintiffs Battersea and Slater, students at the University of Hawaii, were not only “deeply saddened” by every single one of Trump’s executive orders and the messages they convey, but they are extremely stressed by his presidency as a whole. This stress has had major economic consequences for them both. Battersea has been so shaken ever since Trump’s election in November that he is doing poorly in school and has gone on academic probation, and his graduation from college (and therefore his future job prospects) is threatened. Slater has suffered so much distress that she has been forced to get an official companion animal, the upkeep of which is fairly expensive. She has also developed Post-Trump Stress Disorder and gone into therapy, another huge expense.

There is no question that plaintiffs have suffered from the Trump presidency and in particular from his executive orders as a group, and he is thus enjoined from issuing them.

Legal experts on the right have howled at the reasoning here, as has the Trump administration. But Trump’s team of lawyers must wait for the appeal process to go forward, and in the meantime Trump’s hands are tied. Any appeal will be to the 9th District, the court that previously upheld the order halting Trump’s travel ban, so it is highly likely that this present ruling will be upheld as well, and the case might end up going to the Supreme Court.

19 Responses to “Hawaii judge enjoins Trump from issuing executive orders”

  1. Griffin Says:

    Muggeridge’s Law.

  2. OM Says:

    Sounds like one of Neo’s better April Fool’s posts. 🙂

  3. SCOTTtheBADGER Says:

    This, if a April Fool’s post, is the work of a Master Craftswoman. It is all so credible. All Hail Neo-Neocon!

    If it isn’t God help us.

  4. AesopFan Says:

    Is this Fake News??

    It’s hard to parody the Left anymore.

  5. Yancey Ward Says:

    If Congress and Trump ever do get together on lasting legislation, district court judges in the 9th Circuit are sure to go to court to get an injunction against Congress declaring it unconstitutional.

    I am not joking.

  6. Yancey Ward Says:

    I do assume that Neo is pulling our legs, but I view it as precognition rather than humor. As I have often written, The Onion isn’t satire, it a newspaper transmitted to us from the future.

  7. Yancey Ward Says:

    Here is another prediction that is contingent on the Senate going nuclear to confirm Gorsuch:

    Someone will file suit arguing that not allowing the filibuster to block Gorsuch is illegal, and a judge in the 9th circuit will issue an injunction preventing Gorsuch from taking his seat.

  8. DNW Says:

    I am saddened and oppressed that collectivists continue to make claims against the lives of real human beings.

    Therefore, collectivists are enjoined from continuing to exist.

  9. carl in atlanta Says:

    Now I know what it’s liked to be pwned. Good one Neo.

  10. neo-neocon Says:

    OM; SCOTTtheBADGER; carl in atlanta; and everyone else:

    After doing this all these years on April 1, sometimes I fear I’ll run out of ideas. My favorite April Fools post was this one, without a doubt. That got so much attention (something like 40K or 50K visitors, if I recall correctly) that I had to issue a disclaimer afterward in a vain attempt to try to stop people from taking it seriously.

    My other favorite was this one, which also fooled a LOT of people. Unlike the other, it didn’t get a lot of links to swell traffic, so most of the people it fooled were my regular readers. But people were so upset by it that I had to add the hint at the top of the post later, to try to head them off.

    In 1995 I was taken in by this one, and I was quite disappointed when I learned it wasn’t true.

  11. AesopFan Says:

    Yancey Ward Says:
    April 1st, 2017 at 4:18 pm
    I do assume that Neo is pulling our legs, but I view it as precognition rather than humor. As I have often written, The Onion isn’t satire, it a newspaper transmitted to us from the future.
    * * *

  12. AesopFan Says:

    From neo’s 2010 post, the addendum:
    “Unfortunately, too many people may have already gone away thinking I’m some sort of weirdo who spreads unsourced rumors on a daily basis. Nothing could be further from the way I usually operate (hey, did you hear about…?). Perhaps the problem is that the truths that actually did appear in this piece, (1) the video itself; (2) the fact that Willard had a role as consultant and actor in the movie “Top Gun;” and 3) the fact that Johnson is one of two Buddhists in Congress—were already sort of quirky. This was especially the case with the video, which should have been a joke but unfortunately was not (at least, not an intentional one).”
    * * *
    The structuring of a false story with a skeleton of true facts (alternative or otherwise) is exactly how the biased media presents their narratives, so it is not surprising that neo was reeling them in with this one: we are used to not being able to dis-entangle truth from fiction in the news.

  13. Frog Says:

    The terrible thing is that Neo’s April Fools trick is so very close to the bone.
    I don’t believe Gramsci targeted the judicial system in Italy as one of the categories to infiltrate.

    Wiki says this in “Judiciary of Italy”:
    “While Italian judges, in keeping with the civil law tradition, do not create law, and thus there is no case law properly said, the decisions of the higher courts are of great importance and may establish long-lasting doctrine. While there is no stare decisis rule forcing lower courts to decide according to precedent, they tend to do so in practice, because, should they not do that, the higher court might quash their judgements, in keeping with its jurisprudence.”

    Do not create law. Hmmm.

  14. parker Says:

    I think I have been reading neo neocons blog 2006, but I am entering the stage of life where memory is questionable; but anyway, I detected this one by reading the headline. She (I hope this the preferred pronoun) is a wily jokester or perhaps jokecis.

    BTW, I have inside sources that tell me Ivanka is pregnant with Putin’s love child. I was also hacked by the Russians. Oh no, I hear a knock on the door, those guys out there have AK47s, the Russians are coming!

  15. Ben338 Says:

    Don’t give the judge and his fellow travelers any ideas!

  16. F Says:

    I have just one question, Neo:

    Is “Distruct Judge” a purposeful error? if so, it is perfect!

  17. A_Nonny_Mouse Says:

    Despite knowing the post was datelined April first, and
    despite knowing that Neo LOOOOVES to tweak us with April Fool’s posts … I was totally convinced.

    Fool me twice, shame on me, etc, etc…

  18. charles Says:

    Ha! I totally fell for this one!

    I figured that the Jello post, especially those deviled “chicks” was the April Fools post.

    And that’s because, as many others have said, it isn’t that far from the believable truth.

  19. neo-neocon Says:


    Good catch!

    Alas, it was just a typo. And I just fixed it.

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Previously a lifelong Democrat, born in New York and living in New England, surrounded by liberals on all sides, I've found myself slowly but surely leaving the fold and becoming that dread thing: a neocon.

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