Actually Judge Gilliam’s farce goes beyond mock, it is in fact a mockery of justice and an affront to the United States Constitution (Constitution). There are two prerequisites for any court proceeding; jurisdiction and the authority to grant the relief sought. Gilliam had neither.
In the first place, The Constitution clearly states that, “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.” All of the plaintiffs are states.
Also, inasmuch as all of the defendants named are components of the Executive Branch and have no constitutional authority to act independent of, or contrary to, the Executive, ordering any or all of them to act contrary to the instruction of the Executive is not a remedy at the disposal of the court.
Moreover, although the United States Supreme Court (scotus) has jurisdiction, it does not have the constitutional authority to usurp the absolute constitutional authority of the President of the United States to allocate Executive Branch resources and personnel as he deems appropriate and necessary. In fact no component of the judicial branch, including scotus, has any constitutional role in the operation of the Executive Branch.
Gilliam is just the latest in an ever increasing number of corrupt judges who presume to arbitrate fairness according to their own views, rather than adjudicate justice in accordance with the law. However, President Trump is on the verge of exposing this culture of corruption by rebuking the unconstitutional practices of both the legislature and the judiciary; a prospect which is unsettling even to the scotus.
Under the Constitution, neither “precedent” nor “case law” constitute law. In fact it specifically states, in part,
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby,…”.
It is not the President, but the failure of the judicial branch to comply with this precept that is fragmenting this country.