WHY STATES CANNOT SUE TRUMP IN DISTRICT COURT

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WHY STATES CANNOT SUE TRUMP IN DISTRICT COURT
by Oren Long

When the Founders wrote Article III of the Constitution they specified three types of cases that can ONLY be heard by the Supreme Court, including cases where a State sues  the United States (Federal Government).   They clearly did not want District and/or Appellate Courts, possibly subject to personal/local/regional/political biases or prejudices, hearing cases of such national importance.  


This is important in light of the many lawsuits filed against President Trump, in Federal District Court, by various States, over his Declaration of a National Emergency.     


Article III, Section Two, Paragraph Two, Sentences One and Two state, "In ALL (emphasis added) cases affecting Ambassadors, other Public Ministers and Consuls, AND THOSE IN WHICH A STATE SHALL BE PARTY (emphasis added), the Supreme Court SHALL (emphasis added) have ORIGINAL (emphasis added) Jurisdiction.  In all the other cases . . . the Supreme Court shall have Appellate Jurisdiction, both as to Law and Fact . . . ".   


The above CLEARLY means that NO Federal District or Appellate Court can hear a case where a State sues the Federal Government, PERIOD!   In legal parlance, it's called "Improper Venue", meaning that Federal District Courts have no "Standing" to hear the case.   Given that President Trump is the head of the Federal Government, any State suing Trump or his Administration is, in fact, suing the Federal Government.   Ergo, said State MUST file directly with the Supreme Court and NOT in District Court.

In turn, this means that President Trump can legally and Constitutionally IGNORE any "Inferior Court" (Founders' Constitutional definition, Article III, Section One) ruling, unless and until the Supreme Court takes the case and rules against him.   IF the Supreme Court refuses the case, Presidential Orders stand.  


Further, IF this Clause of the Constitution was enforced, the Supreme Court would quickly tire of these endless 'State vs. Trump' cases and refuse to hear them, meaning that Trump's Executive Orders would stand.   AND the States, realizing this, would stop filing these frivolous lawsuits.   IT'S THAT SIMPLE!

So, why does the President not know this?   He is relying on legal advice from his legal team who either don't know or don't want him to know.   In either case, it's bad advice.   I am reminded of an old saying, "When you control what a man knows, you control what he thinks". 

Oren Long