Judge William Orrick, III, appointed by President Obama after he raised at least $200,000 for his fellow left-liberal, has issued an order blocking President Trump from withholding funds to communities that limit cooperation with U.S. immigration authorities. Judge Orrick ruled that the president has no authority to attach new conditions to federal spending.
The ruling sounds high-minded and principled. However, as someone said in an email, if a city wanted to exempt itself from federal gun laws or the Endangered Species Act, it’s extremely likely that Orrick would have have ruled differently on the question of presidential power to attach conditions.
Judge Orrick sits in San Francisco. Thus, an appeal of his ruling would be heard by the strongly left-leaning Ninth Circuit. Further review by the Supreme Court would remain a possibility.
Congress, of course, has the power to attach conditions to federal spending. It should do so through a budget that blocks funding for sanctuary cities. Republicans should be willing to go to the mat for this.
If Judge Orrick’s name sounds familiar, it may be because he issued favorable rulings for Planned Parenthood when it sued the Center for Medical Progress over the release of videos showing Planned Parenthood officials engaging in unethical and/or illegal behavior involving the sale of fetal body parts. In less than four years on the bench, Orrick is repaying Obama in full. Judges appointed by Democrats almost always do.