President Trump’s first 100 days deserve at least one superlative: The Trump administration has managed to alienate the courts to a degree that some administrations take years to achieve.
The latest Trump defeat came Monday in the U.S. District Court for the Northern District of California. That case, County of Santa Clara v. Trump, has now produced a nationwide injunction against another Trump executive order: “Enhancing Public Safety in the Interior of the United States,” issued on January 25. On Tuesday, federal district judge William Orrick of the Northern District of California, blocked section 9(a) of the order. That’s the enforcement mechanism of the order’s ill-defined attack on “sanctuary” cities and counties that refuse to take orders from the Department of Homeland Security.
To a degree unusual in public law litigation, Trump’s legal setbacks flow from his personal flaws: constitutional illiteracy, governmental inexperience, contempt for law and lawyers, lust for executive power, and—most of all—simple inability to keep his mouth shut.
To begin with, the executive order would probably get an F in a first-year legal writing class. Among its sins, it announces measures against “sanctuary jurisdictions” but provides no definition of that term. Its goal is to convince—or more properly intimidate—local governments in two ways. First, a number of cities have concluded that their police agencies will be more effective in solving crime if victims, witnesses, and suspects can talk to them without being afraid that police will turn them in to U.S Immigration and Customs Enforcement. Trump, Attorney General Jeff Sessions, and Secretary of Homeland Security John Kelly want those localities to scrap those policies, and instead to let their law-enforcement officers not only pass information to ICE, but also to work as temporary immigration-enforcement personnel.