We’ve heard President Trump use the term ‘Fake News’ when it comes to the media. There’s now a new term that you may start hearing. That term is ‘Fake Law.’
St. John’s University law professor Marc DeGirolami wrote in the Weekly Standard that we've seen something new from federal judges in the last few months; that some decisions they have made from the bench against the President can only be called 'fake law.’
“The suspicion becomes very strong that they are not playing it straight. They are using the law to manifest a kind of interest in resistance to Trump,” DeGirolami explained. “These are the kind of decisions that wildly extends existing law.”
Josh Blackman at the South Texas College of Law Houston says you don't have to look any further than the travel ban case to find what DeGirolami means.
“It’s very strange now that courts are looking at campaign statements which are trumping actual policy statements of the executive branch,” Blackman stated.
In fact, during a hearing over this case the ACLU said that had a different President put this same policy into place, it would have been lawful.