This is a great reason for the US to have a new institution: the Second Court of the United States.
The Second Court of the United States is not a federal court, but consists of 100 State judges appointed by their respective State legislatures.
The Second Court of the United States is inferior to the Supreme Court of the United States, but it is superior to the federal District Courts.
The Second Court of the United States does *not* determine if a law is constitutional. Instead, its primary purpose is to decide if a State court case, that has been usurped by a federal judge, is in fact worthy of federal involvement, or should be returned to the State of origin to be decided.
The death penalty is a big part of this. When a State sentences some murderer to die, a whole slate of federal judges assume that they have profound constitutional issues in what should instead be a simple matter of execution. Even by hanging, if a State chooses to do so.
And this whimsical nit picking by federal judges means that justice is unconscionably delayed or even denied.
But other, superior federal judges have refused to discipline them for their nit picky ways. So it is right and proper that the States have some means of doing so.
As things stand, the federal District Courts are now annually forwarding some 8,000 cases to the Supreme Court every year. And since they can only hear a few, the vast majority are stuck with whatever decision was made by the District Court. And these decisions often stink.
So with a Second Court of the United States, many of these 8,000 cases would be returned to the States, leaving a far more manageable number for the SCOTUS. Otherwise the cases would revert to first the default of the Second Court’s decision, returning it to the State or not. Then, only if that was not an issue, would the case be remanded to the District Court for decision.
And the bottom line? America’s death rows would be emptied, and kept at low occupancy, as many villains met their fate.
I got a better idea.........instead of creating a whole new beaurocracy, let’s get the house to do it’s job and start impeaching these rogue judges....