Free Republic

Liberals control the legal profession, from the law schools and litigious nonprofits to the bar associations and judges (including many Republican appointees). Judicial supremacy, implemented through “universal injunctions,” allows any liberal legal group to tap one of 670 district judges in 94 district courts to decide on a broad range of public policies, which the political elite then treat as “law.” The good news: Evidence seems to suggest that at least three Supreme Court justices intend to end this irrational practice. We might only have three justices on our side, but governors should still firmly reject overreaching judges who believe...

In all my years, covering nearly half a century, of studying, practicing, and teaching Judaic and secular law, I have never seen such gutless cowardice and irresponsible “adjudication” as what just has transpired in Israel with the Israeli “Supreme” Court voting 8-7 to ban a Constitutional Amendment regulating them. On top of that, they rule two days later on the Incapacitation Law. All amid an existential war that, if not prosecuted as a nation united, could result kiv’yakhol (as though possible, G-d forbid) in a situation where there would be no country left to implement those corrupt rulings, reached as...

A federal judge late Wednesday suggested he may pursue contempt charges against former national security adviser Michael Flynn for perjuring himself by abandoning an earlier guilty plea to a charge of lying to the FBI. U.S. District Judge Emmet Sullivan also tapped a retired federal judge to argue against the Justice Department’s motion to drop the charges against Flynn. . . . Judge Gleeson will argue “whether the court should issue an Order to show Cause why Mr. Flynn should not be held in criminal contempt for perjury.”

Attorney General William Barr on Tuesday said he has noticed a troubling trend of nationwide injunctions issued by lower courts that have taken their toll on President Trump’s agenda and threaten the political process for future administrations. Barr, who has been accused by Democrats of protecting Trump after the release of the Mueller report, told the American Law Institute that there is a new trend of judicial "willingness" to review executive action, which injects courts into the political process... ...Vice President Mike Pence recently said the administration will ask the Supreme Court to bar them.... ...Barr said nationwide injunctions violate...

Federal District Judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump’s temporary entry ban for citizens of seven countries. Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay. What we have here is a creeping constitutional coup. As long as President Obama was in charge and had a massive open door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent. But when Donald Trump became president and tried to use the powers of the Presidency to...

A federal judge on Wednesday overturned the state gay marriage ban in Montana, one of the last states to continue its legal fight despite rulings from appeals courts that oversee them that found gay and lesbian couples could wed. U.S. District Judge Brian Morris ruled Montana's constitutional amendment limiting marriage to between a man and a woman violates the 14th Amendment's Equal Protection Clause. "This Court recognizes that not everyone will celebrate this outcome," Morris wrote. "This decision overturns a Montana Constitutional amendment approved by the voters of Montana. Yet the United States Constitution exists to protect disfavored minorities from...

MADISON –Wisconsin Department of Administration Secretary Mike Huebsch today released the following statement regarding the implementation of the budget repair bill: “I have a legal obligation to execute all laws pertaining to my department that have been passed by both houses of the legislature, signed by the Governor, and published into law. The Department of Justice has concluded that 2011 Wisconsin Act 10 has met those requirements and is now effective law. My legal counsel agrees with the Department of Justice’s legal reasoning and conclusions. Accordingly, it is my duty to administer that law. “On the other hand, Judge Sumi...

Two city of Madison labor unions and Dane County dropped their request to consolidate their complaints over the guv's collective bargaining law after being told doing so would allow the state to seek a new judge. Dane County and two city of Madison labor unions, AFL-CIO Local 236 and Firefighters Local 311, sought to consolidate their separate complaints over the act. Attorneys for the plaintiffs asked the state to agree not to seek a substitution of judges before moving forward. But Judge Maryann Sumi said the defendants did not have to bind themselves to that commitment. The motion was then...

The swirl of opinion that came in after the ruling of the Massachusetts court tells its own story, which is that the judicial arm has achieved a moral standing not even dreamed of by Cotton Mather, or mere popes and rabbinical councils. Witness the failure of the two major political parties to take corporate positions on gay marriage. The Republicans, reflecting the 75 percent of their members who disapprove the ruling, have criticized it but have not gone so far as to call formally for a constitutional amendment. There is talk of an amendment, but talk also of the unwisdom...