Hawaii Judge Upsets the Constitutional Order to Defy Trump

Hawaii Judge Upsets the Constitutional Order to Defy Trump
George Lee/The Star-Advertiser via AP

The unfolding series of judicial decisions blocking the Trump administration's past and present temporary travel bans — especially the ruling handed down last night in Hawaii — if upheld by courts of appeal or the Supreme Court, would risk fatally undermining our nation's constitutional national-security structure and our national sovereignty, and could extend and magnify our military conflicts abroad. To understand why and how, you have to know the meaning of one word: “standing.”

To simplify a rather complex legal doctrine: Rules on “standing” mean that not just anybody can waltz into federal court and challenge government actions. To maintain an action, you must demonstrate that you have suffered a violation of a recognized right. To use the lingo of the courts, you must show that your injuries are “concrete and particularized.”

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