A Writ of Facilitation ? Court Issues Curious Order in the Garcia Case JONATHAN TURLEY
The Court disagrees with many, including the Fourth Circuit, that President Trump had no inherent executive powers to countermand the district court s order. He clearly does have countervailing powers that have to be weighed more heavily in the matter. The district court is expressly ordered to show due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
What is left is a legal pushmi-pullyu that seems to be going in both directions at once. What if the Trump Administration says that inquiries were made, but the matter has proven intractable or unresolvable? Crickets.
No one would seriously believe that, but what right does the district court have to manage the relations or communications with a foreign country?
The problem with this shadow docket decision is that there is more shadow than sunlight in its meaning.
Strange times and strange rulings.