The record high percentage of overturned rulings coming out of the 9th Circuit Court of Appeals (ie 77% – 85% over the past year) sure makes it appear that those “judges” intend to keep chipping away at the foundation of the Constitution. Judges simply cannot continue to ignore the law and base their decisions on personal opinions; there definitely should be an avenue to remove them from the court (unless there is one and I haven’t found it).
In case you missed it overnight, three unelected federal judges in San Francisco yesterday ordered the Trump administration to continue accepting visitors and would-be immigrants from seven dangerous countries that are incubators of Muslim terrorism.
Rogue judges have been around for centuries, and can do irreparable harm to the nation, as we’ve witnessed numerous times since the 1963 removal of the Bible, Ten Commandments, and prayer from public schools; the baby-murdering Roe v Wade in 1973; the overturning (twice) of California’s Prop 8 on the re-definition of marriage; and right on up to the John Roberts’ 2012 pretzel-twisting to hand Obama his legacy ‘Obamaffordable Healthcare Act’ on a platter. And what an ACT that was!
In today’s FrontPageMagazine, Matthew Vadum has a brilliant analysis of this incredibly disturbing usurpation of power by Leftist judges who have no legal argument whatsoever, and are essentially rewriting the Constitution and overruling past Supreme Court decisions.
As commenter ‘truebearing’ expressed it on one of the threads, “I’m not a constitutional expert, but then neither are the judges behind this attempt at a judicial coup. If their ruling does in fact have merit, the Constitution necessarily has none. If the Constitution has no merit or binding force, Trump is not obligated to respect a ruling from a court that has no Constitutional authority, since there is nothing the 9th Circuit can cite as the source of their authority. In this scenario, Trump must instead choose to serve the will of the people who elected him.” [end]
As a for instance, Matthew Vadum from the article…
Tucker Carlson was in fine form last night as he roughed up the platitude-spouting, Haitian-born District of Columbia Attorney General Karl Racine (D) on television.
Racine, who supported the lawsuit by filing an amicus brief, absurdly argued EO 13769 was “discriminatory to a certain religion” and therefore violated the Constitution’s Establishment Clause.
Carlson retorted that “there is a precedent for singling out people for special treatment because of religion” and that the U.S. had used “explicit religious tests until pretty recently.” Until September 1988, he said, the U.S. granted refugee status to Soviet Jews because they were persecuted in their home country.
Probably the two most insane legal principles invented in the decision are (1) that everyone, everywhere on the planet enjoys due process rights under the U.S. Constitution, and 2) that courts can second-guess a national security-related executive order based on something other than the actual words in the order.
That a panel of the notoriously left-wing U.S. Court of Appeals for the 9th Circuit committed this unlawful, unconstitutional atrocity is not surprising but it is still unsettling. In the decision Judges William C. Canby, Richard R. Clifton, and Michelle T. Friedland, substituted their vision of how to conduct foreign affairs for the nation’s elected president. The ruling not only violates separation of powers but also constitutes an attack on the status of the president as Commander-in-Chief charged with protecting the United States.
If the Constitution is to be considered intact and the template upon which our government is based, President Trump has to disregard the 9th Circuit Court’s decision because it contradicts the Constitution — in what can only be described as a ‘judicial coup’. He needs to reissue a refined immigration ban, and then give explicit orders to those who serve under him that no future court decision will be heeded that blatantly contradicts the Constitution, or the powers given solely to the Executive Branch under the Constitution. Either way, the 9th Circuit Court has no standing and as such, it should be ignored entirely.
The Left (no doubt encouraged by pressure from Gyorgy Schwartz-Soros) is attempting to tie Trump up in a Constitutional crisis. Their only political power comes through the Leftist-packed courts, so Republicans need to fast-track the nuclear vote on Gorsuch (disregarding for the moment his strange comments directed towards Trump on this matter), then begin working on new legislation that will neuter the Left’s judicial attempt at Constitutional vandalism.
When unelected judges seize power they’re not supposed to have, then thumb their noses at We The People by rejecting the Constitution and the unambiguous language of a congressionally-approved statute specifically giving the president discretion regarding the admission of aliens, it is time for a revolution against those usurping judges.
The removal of the swamp scum must be done with urgency.
Click on logo to access the full Matthew Vadum article…
UPDATE added at 8:15 am Central: Legal Analysis of Ninth Circuit’s Usurpation of Presidential Power
See the Tucker Carlson interview last night with the AG of D.C. Karl Racine as mentioned in the piece.
See also Pat Buchanan: Trump must break Judicial power