or live by the Administrative Procedures Act, die by the Administrative Procedures Act. The editors of the Wall Street Journal react to the temporary restraining order blocking President Joe Biden’s executive order suspending deportations:
Donald Trump complained often about the frequency with which federal judges blocked his immigration orders, starting with his first sloppy travel ban in 2017. Now it’s President Biden’s turn, as a federal judge in Texas issued a temporary restraining order on Tuesday against Mr. Biden’s 100-day moratorium on deporting illegal aliens.
Judge Drew Tipton, a Trump appointee, issued the two-week TRO that applies nationwide and said he is considering a permanent injunction that would extend longer. The judge ruled on a suit filed by the state of Texas arguing that the deportation pause violates federal law that obligates the government to police illegal entry to the U.S. Judge Tipton said Mr. Biden’s order violates the Administrative Procedure Act, which is the same law that liberal judges used to issue nationwide injunctions against Mr. Trump’s rules.
The Biden Administration may appeal the ruling, and it pays to be skeptical these days when a judge issues a nationwide injunction. Too many judges have grown fond of the power to stop policies they don’t like. The truth in this case will require a more careful view of the legal arguments.
Meanwhile, the ruling is a blow to Mr. Biden’s early government by pen and phone, to borrow one of Barack Obama’s famous boasts. Mr. Biden’s pace of executive orders far outpaces Mr. Trump’s in his first week. Maybe he should slow down and make sure his orders are legally buttoned up.
I thought that the judge’s order blocking President Trump’s suspension of DACA was wrong and I think this one is wrong, too. But I’m one of relatively few people who are consistent on the issue of executive orders because I care both about policies and processes.
IMO President Biden should tread carefully. It’s one thing to prioritize. That’s well within executive discretion. Blocking enforcement of the law is something else entirely and may well be an abuse of power. Or a breach of his oath of office. Or both.
