States vs Trump Lawsuits

[Oren Long]

It came out this morning that some 20+ States have sued President Trump in Federal District Court over the wall.   The Constitution expressly forbids it.

Article III, Section Two, Paragraph Two states, "In ALL (my emphasis) cases affecting ambassadors, other public ministers and consuls, AND THOSE IN WHICH A STATE MAY BE PARTY (my emphasis), the Supreme Court SHALL (my emphasis) have ORIGINAL (my emphasis) Jurisdiction."

This means that when one or more States sue Trump, they MUST file directly with the Supreme Court and NOT in District or Appellate Court.   In legal parlance, filing in District or Appellate Court is called "Improper Venue" and neither District nor Appellate Courts can even hear the case.

The Founders clearly did not want District or Appellate Courts hearing cases where a State sued the United States.   They feared that District and Appellate Courts might well be influenced by local or regional biases or prejudices and did not want those influencing cases of such national importance.

It is also important that Article III says, ". . . those in which a State MAY (my emphasis) be Party . . .".   This means that cases wherein a State may file a "Friend of the Court" brief or may file a brief in support of some other private or public organization, that case, too, must be filed directly with the Supreme Court and not in some "inferior" (Founders' definition -- Article III, Section One) court.  

In turn, this means that President Trump is free to ignore these "inferior court" rulings.   ONLY when these cases are filed DIRECTLY with the Supreme Court and SCOTUS rules against him, must he obey.   AND, if SCOTUS refuses to hear the case(s), the President's orders stand.   End of story!

If the States followed the Constitution and filed directly with SCOTUS, and IF (a huge "if") Trump's legal team advised him of the above, the Court would quickly tire of these endless, mindless, frivolous lawsuits and refuse to hear them, leaving the President's orders intact. 

There have been many State filed and/or sponsored and/or supported cases filed against President Trump, his policies, and his administration.   That they are allowed to proceed through the maze of District and Appellate Courts, in CLEAR violation of the Constitution tells me that Trump's legal team either don't know the Constitution as well as they would have us believe OR are intentionally 'misadvising' the President.   Either scenario is BAD!

This further reinforces my belief that Trump may well be surrounded by 'closet' Never Trumpers who do not have his best interests at heart.   Hey, I'm just an old, retired cop.   All I can do is follow the evidence.

Just as with my 'RINO' Discussion, it is imperative that We The People somehow get this information to the President, by hook or crook.   We must be persistent!   We must prevail!   Failure is not an option.

President Trump is not a constitutionalist; he is a businessman and administrator.   By necessity, he relies on his legal advisors.   That they either don't know or don't tell him of his legal and Constitutional options tells me that something is amiss.

It's up to us, We The People, as his only true friends and supporters, to tell him the truth.   If not YOU, who?

Oren