Wednesday, May 26, 2021

The Morning Rant – Checks and Balances: What is the “Check” on the Federal Judiciary?

[Buck Throckmorton]

When Florida governor Ron DeSantis signed a bill into law this past week protecting Floridians from big tech censorship, the conversation immediately pivoted to the near-certainty that it will be overturned by federal courts.

“This is a publicity stunt. It will be struck down in the courts,” said State House Rep. Joe Geller who is a Democrat from Aventura.

All major media cheered on the sentiment of Rep. Geller, while the faux-conservatives of Conservative, Inc. pretended to fret about “if it holds up in court.”

Sadly, we know that it will be overturned, not because of its constitutionality, but because all it will take is one left-wing federal judge doing so for partisan political reasons. The only way this law could possibly survive is if it is appealed all the way to the Supreme Court, and they uphold it.

The immediate response from both left and right to any conservative legislative victory is “…if it stands up in court.” Which pretty much never happens. How in our system of “checks and balances” have we reached the point where there is no outside “check” on the power of the Judicial Branch?

Power is intoxicating, and now that activist judges know that they have unlimited powers to implement any decree they want, or throw out any law they disapprove of, they are doing just that.

Some argue that there is a check on their power – from appeals courts. Which is exactly the problem – the only check on rogue jurists lies within the judicial branch.

Others would argue that because judges are appointed by the executive branch and confirmed by the legislative branch, that their confirmation process itself is a check on their power. But that only deals with how judges take office, not their misbehavior while in office. It’s like saying there is no need for any checks on elected officials once in office because their power could have been checked on election day.

Federal judges can be impeached, but only 15 have been impeached in this country’s history, with only 8 convicted. Only one judge has been removed from office in this manner in the past 30 years. Knowing that, why wouldn’t a federal judge grant himself imperial powers? He is untouchable. Other than impeachment, there is apparently nothing the legislative and executive branches can do to stop the rogue judiciary.

Here’s a thought, since judges are required to uphold the Constitution, shouldn’t they be removed from office when their opinions on constitutional matters are routinely overturned?

Since 2007, the 9th Circuit had a reversal rate of 78 percent. That puts it in second place behind the 6th Circuit (79.7 percent).

Seriously, the Supreme Court spends a crazy amount of time reversing the unconstitutional rulings of the Ninth Circuit Court. Yet no one in the Executive or Legislative branches ever does a thing to stop the Ninth Circuit’s incessant unconstitutional rulings. Those judges should be impeached.

Liberal judges have hamstrung the ability of Americans to engage in self-rule. There is a critical need for the impeachment of judges to become just as common as it is to have judges overturn duly created laws. Where to start? How about with whatever judge or court overturns Florida’s new anti-censorship law.

No comments: