Disability Appeals in North Carolina  -   33 Years Experience
David R. Paletta
Disability Attorney

Raleigh, Durham, Chapel Hill, Boone
North Carolina

(919) 491-5643

The Judiciary - An Important Pillar of our Democracy

Published by David Paletta

This country was founded in rebellion against the tyranny of the King of England.  To build a more perfect union, our revolutionary Founding Fathers created a democracy based on 3 pillars - the Executive, the Legislature and the Judiciary - a system of checks and balances designed to prevent the tyranny of a monarchy.

It is reassuring to see that in 2017 the system of checks and balances continues to function and protect us against tyranny.  Yesterday, on May 25, 2017, the 4th Circuit Court of Appeals struck down the 2nd Trump travel ban designed to keep Muslims out of the US.

The Court stated

"The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains “a law for rulers and people, equally in war and in peace.” And if so, whether it protects Plaintiffs’ right to challenge an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination. Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles—that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another."

The case is No. 17-1351, International Refugee Assistance Project v. Trump and can be found at http://www.ca4.uscourts.gov/news-announcements/2017/05/25/17-1351-intl-ref-asst-proj-v-trump-opinion-of-the-court
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