The Ninth Circuit Court, which blocked President Trump’s constitutional order banning immigration from terrorist hot zones, once upheld an US flag ban despite conflict with the First Amendment.
In 2014, the San Francisco federal court claimed California school officials had the right to restrict students from wearing US flag t-shirts while permitting Mexican patriotic gear on Cinco de Mayo – which isn’t even a federally-recognized holiday – if they feared US flags would offend illegal alien students.
“During the discovery phase of the lawsuit, the evidence overwhelmingly showed that school officials intentionally restricted the students’ speech on May 5, 2010, because they believed that the pro-America message conveyed by the students’ patriotic clothing would offend some Mexican students since it was Cinco de Mayo—‘their day,’ as one school official testified,” reported the AFLC. “School officials enforced the clothing restriction even though they had no objective evidence that the students were causing any disruption—let alone a material and substantial one—to the operation of the school by wearing the American flag shirts.”
The clothing restriction did not extend to Mexican flag t-shirts – in fact, school officials encouraged students to wear Mexican patriotic gear while threatening suspensions for those who wore US flag shirts instead.
“The Ninth Circuit held that this was permissible because school officials were not concerned about any of the American students engaging in violence against the Mexican-flag wearing students,” the AFLC pointed out. “The Ninth Circuit stated, ‘As the district court noted, the students offered no evidence ‘demonstrating that students wearing the colors of the Mexican flag were targeted for violence.’ The students offered no evidence that students at a similar risk of danger were treated differently, and therefore no evidence of impermissible viewpoint discrimination.’”
And now the Ninth Circuit is trying to literally rewrite the Constitution to usurp executive power from President Trump instead of interpreting existing law, which is the primary task of the judiciary.
This explains why the Ninth Circuit’s court decisions are the most reversed in the country.
“In 2010, perhaps seeking to reclaim its position at the top of the heap, the Ninth Circuit was reversed a startling 19 times (79%), three times as many reversals as most circuits had cases before the Supreme Court,” reported the National Review. “The same pattern continued in the 2011 (71%) and 2012 terms (86%), when the Ninth Circuit was reversed more than twice as many times as most circuits had cases before the Court.”