Due process is violated if the President can eviscerate a court’s ability to ensure compliance with the law by those who wrong the rights of private parties. And as the Supreme Court has explained, “the Due Process Clause was intended to prevent government officials from abusing their power, or employing it as an instrument of oppression.” … When private litigants went to court in this district to protect their constitutional rights against Mr. Arpaio, the court issued orders to provide them relief under the law. When those orders were ignored, the courts entered an escalating series of contempts to enforce compliance with the law and ensure the protection of private parties’ constitutional rights. The Arpaio Pardon violates the Due Process Clause by limiting the protection of private rights, rendering the due process guaranteed by law an empty promise.
September 12, 2017 at 10:15 AM EDT