Three judges across the political spectrum have now said the President’s punitive executive orders are unconstitutional.
President Trump dismisses court rulings against him as judicial overreach, and sometimes he’s right. But what does it say when multiple judges across the political spectrum rule against him on similar sweeping grounds? That’s happening to his punitive executive orders against liberal law firms, and he’s batting zero for three.
The latest forceful rebuke came Tuesday from federal Judge Richard Leon, a conservative nominated by George W. Bush. His 73-page opinion is a scorcher concluding that Mr. Trump’s EO against the WilmerHale law firm “must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!”
Judge Leon says the Trump EO violates the First Amendment as retaliation for protected speech, as viewpoint discrimination, and as violations of the right to free association and to petition the government. He says the EO also violates the constitutional rights to counsel and due process, as well as the separation of powers. It’s hard to imagine a more thorough takedown of a presidential order.
The WilmerHale legal complaint was filed by Paul Clement, a conservative star of the appellate bar. Mr. Clement and Judge Leon recognize when a President is running off the legal rails and needs to be stopped.
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