On “The Mark Levin Show” Wednesday night, Conservative Review’s editor-in-chief called out “rogue judges” in today’s “judicial anarchy,” as one Derrick Watson, a federal judge in Hawaii, blocked President Trump’s second draft of the executive order suspending travel from six high-risk countries.
“We have, ladies and gentlemen, rogue federal district judges now; we have rogue courts,” Levin exclaimed. “We have judicial anarchy taking place … where judges are seizing plenary authority from the president of the United States to keep this nation safe — to control our borders and to determine the nature of our immigration in this country.”
Listen:
“This judicial tyranny has got to end. And that’s exactly what this is!” Levin said. “The framers of the Constitution, the state ratifiers of the Constitution, would have had none of this. None of it! Appalling — absolutely appalling.”
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There is no need to submit to "judicial anarchy." The courts have no enforcement arm for this very reason. With regard to the current foofaurauw, if the Attorney-General were to prepare a finding for the president that says the courts don't have valid jurisdiction over the subject matter, the president could ignore the courts, freely and without adverse consequences. Andrew Jackson did it; why not Donald Trump?
ReplyDeleteThe courts' authority is essentially one of popular consensus concerning the probity and wisdom of the courts: i.e., that the courts are assessing the laws faithfully rather than whimsically or capriciously. But the courts have destroyed that consensus. Where, then, do we stand?