See: Federal judge says Trump administration must allow new DACA applications
”S. District Judge John D. Bates ruled Tuesday that the administration’s decision to end the Deferred Action for Childhood Arrivals program was never fully explained and could not be justified. However, Bates did allow for a 90-day hold on his ruling “to afford [the Department of Homeland Security] an opportunity to better explain its view that DACA is unlawful.”
The only legitimate question which the judge may rule upon is whether or not President Trump can reverse a previous president’s executive order which sets public policy. It is not within a judge’s power to assess the wisdom of the president’s decision. And this is what Judge Bates wants to do . . . second guess public policy decision making by a sitting president.
The principal behind this limitation on a judge’s authority to meddle in the making of public policy is basically articulated as follows by our Supreme Court with regard to Congress’ legislative authority:
……we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress’ action, however, is not within our province to second guess. _________ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)
U.S. District Judge John D. Bates has in fact taken it upon himself to use his office of public trust to go beyond his constitutionally assigned duty by asking the Trump Administration to justify a public policy making decision ___ a request which is not within the judge’s power and in fact impinges not only upon the President’s assigned duty and violates our constitutional system’s separation of powers doctrine, but also usurps legislative power as well ___ and as such, he is engaging in judicial tyranny!
The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. ___ Madison, Federalist Paper No. 47