While President Donald Trump and the Republican Senate has done an excellent job turning the Supreme Court to the right, there remains a grave problem polluting the lower federal courts of the United States. Whether it’s the Ninth Circuit Court of Appeals in the Pacific Northwest, the district courts of California, or rogue federal judges in Hawaii, the country is still largely under the rule of a bunch of liberals who think it’s their job to make law from the bench. And these constitutional interpreters have been on their worst behavior for the last two years, handing down decision after ludicrous decision, all in an effort to lend the #Resistance some judicial weight.
Many of the worst of these decisions have since been struck down by the Supreme Court, but it cannot be ignored that thousands and thousands of cases are finished long before they ever get before the nation’s high court. It is therefore essential that President Trump and the Republicans step it up, fill those vacancies that are still out there, and remake the federal judiciary as much as possible.
In the meantime, we have Attorney General Jeff Sessions, who said Monday that some of the current crop of “political actors” on the federal bench could be facing “calls for their replacement” before long.
“Once we go down this road in American government, there is no turning back,” Sessions said in a speech at the Heritage Foundation. “We are seeing it in case after case. When a hot-button policy issue ends up in litigation, judges are starting to believe their role is to examine the entire process that led to the policy decision — to redo the entire political debate in their courtrooms.”
Sessions specifically criticized the route that many judges have taken in the Trump era, which has been to subject the administration to discovery processes that aim to uncover the president’s “motivation” behind a particular move. He cited the case over a Census question that will ask about citizenship to make his point.
“The Census question — which has appeared in one form or another on the Census for over a hundred years — is either legal or illegal,” Sessions said. “The words on the page don’t have a motive; they are either permitted or they are not. But the judge has decided to hold a trial over the inner workings of a Cabinet secretary’s mind.”
We saw federal courts take much the same approach to President Trump’s travel ban, using his words on the campaign trail to determine whether or not there was anti-religious animus embedded in the executive order. But again, like Sessions said, an order or a law is either legal or it isn’t. It’s either permitted by the Constitution or it isn’t. It’s not up to a judge to go and find “motive” like these are criminal proceedings. You only do that when you have a conclusion you want to reach…but cannot do so within the confines of the law.
Sessions calling out these judges won’t necessarily change anything, but these are conversations we definitely need to be having in the Age of Trump, where the judiciary is completely out of control.