April 25, 2017

Trump now has another failed executive order to add to his growing list of 100-day failures. A federal judge has blocked his effort to punish so-called "sanctuary cities," calling the order "clearly unconstitutional."

Chris Geidner reports that US District Judge William H. Orrick issued a nationwide preliminary injunction — sought by San Francisco and Santa Clara counties in California — against enforcement of part of the January 25, 2017, executive order which threatened to withhold funds against cities which were designated as "sanctuary cities."

More from Geidner's report:

In reviewing the claims raised by the counties, Orrick found that the order likely violates separation of power principles, as well as the Fifth and Tenth Amendments.

He noted that the order does not provide any notice, review, or appeal mechanisms for cities or states affected by the order. "This complete lack of process violates the Fifth Amendment’s due process requirements," he wrote. Orrick also found that the order is likely void for vagueness under the Fifth Amendment because it gives "no clear guidance on how to comply with its provisions or what penalties will result from non-compliance."

It's worth noting that Jefferson Beauregard Sessions, III was clearly the author of this order. He is our nation's highest law enforcement officer, and yet seems to have some difficulty understanding the basics of the U.S. Constitution and Bill of Rights. It's good that he has some courts to explain it to him.

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