In a ruling issued on Wednesday afternoon, Hawaiian federal judge Derrick Kahala Watson, prevented the President of the United States from enforcing the new executive order to block migrants from terror-riddled countries.
However, the judge went on and ruled over issues that the legal world in the US will have to have long debates about.
The reason is that there are evidence that indicate that the judge issued something similar to an…executive order of his own, making himself a one-man Supreme Court and a substitute President.
This is what he did: he prevented every other judge and every other state from following the President’s order, claiming that the First Amendment gives Muslim-dominant nations a right of immigration to America. However, a district judge presides over his district, not the nation. He should not overrule other judges, nor dictate his opinions on the whole of the USA.
The Watson’s ruling has already started a debate as to how solid his legal argument is, since the First Amendment has never applied to a right of immigration of foreign aliens, nor does it compel religious favoritism toward Muslims.
President Donald Trump stated that the ruling is “an unprecedented judicial overreach”.
It should be noted that the judge Derrick Kahala Watson was ex-President Obama’s classmate in law school. Obama visited judge Watson in Hawaii a few days ago, throwing more fuel into the discussion about the existence of an “Obama Shadow Presidency”.
What will happen now is that The revised temporal travel ban, which was due to come into effect at midnight ET, cannot be implemented. Also, the court has issued a temporary restraining order (TRO) – which means a further hearing must take place to determine whether it should be extended. The judge indicated this should happen speedily. Trump’s comments suggest the justice department will appeal against the ruling.