Lawless Federal Judges Are Winning Their War against the Trump Administration

National Review ^ | January 14, 2019 | David French

[detective]

Sunday’s injunction against Trump-administration religious-freedom rules is nothing but judicial #Resistance.

It’s déjà vu all over again. A federal judge has blocked a lawful Trump-administration policy, essentially enshrining the Obama administration’s policy choices in social-justice granite. The practical result is a judicial equivalent of a one-way ratchet. The pattern is clear:

Step One: The Obama administration uses its executive power to implement a progressive policy (such as DACA or the contraceptive mandate).

Step Two: The Trump administration uses its executive power to repeal the Obama-administration action and implement a more conservative policy.

Step Three: Progressive plaintiffs file suit in a friendly jurisdiction using dubious legal theories to seek a broad injunction against the Trump-administration action.

Step Four: Progressive judges join the #Resistance, write obviously flawed opinions, and seek to freeze Obama’s policies in legal amber.

[Flaming Conservative]

Anyhow all of this is pretending the constitution matters - when it seems in reality it doesn’t

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I hear ya.

[Flaming Conservative]

I don’t mean overrule. I mean to say whether or not they could legally write an injunction against the administration. The only reason they can do it legally, I would think, is if he’s doing something unconstitutional. Is it not the SC’s job to speak to the constitutionality of an action?

[Electric Graffiti]

The executive, legislators and federal judges all take an oath to uphold and defend the Constitution of the United States. If the judges are the final arbiters of what is Constitutional, then they are effectively running things. If they are the ones violating their oaths to the Constitution, then we’re farked. <-—We are here.

[Jacquerie]

It is way past time for We the People to step up to the plate in an Article V COS to defend OUR Constitution.

[inchworm]

How is it that every federal judge has a trump card? To have it that way it each of the 1000 judges with as much power of the one duly elected president.

[Electric Graffiti]

“It is way past time for We the People to step up to the plate in an Article V COS to defend OUR Constitution.”

Something has to be done because what’s left of the rule of law is unraveling at light speed.

Scary times.

[TwelveOfTwenty]

Trump doesn’t need a green or red light from the courts do the work of the executive under the Constitution.

There are checks and balances which the judicial is part of, which we would all agree the 9th is abusing.

[antidemoncrat]

Probably most of the judges that do this are appointed by Democratic presidents.

[gogeo]

We have a large number of ACTUAL federal judicial vacancies. IMHO our HIGHEST PRIORITY needs to be FILLING ALL JUDICIAL VACANCIES — EXISTING vacancies.

Exactly so, and I'm pleased that the priority has been filling appellate positions. That's the first line of defense against judicial overreach.