Judicial Coup: Question, what is to stop liberal judges from blocking EVERYTHING Trump does?

[agatheringstorm]

Technically, the Left could use the courts to tie up Congressional laws, as well. States can file lawsuits that challenge the constitutionality of laws passed by Congress. If they can find a judge who will hear the case and rule in their favor, just as WA found Robart, then there is nothing to stop them from tying up not only Executive actions, but Congressional actions, in court.

[McGavin999]

If you were confirmed to the 9th you should remain there unless two senators from the new district sponsor you and you go through confirmation procedures for the new court.

[SisterK]

Exactly. There must be all kinds of creative ways to

make these judges irrelevant

[P-Marlowe]

Congress needs to strip every Federal District Court from having any Jurisdiction to review any executive order of the President and only allow the Supreme Court to hear those issues. They have that power. They should use it.

That will put an end to most of this madness.

[NorthMountain]

Full text of the bill is at my link.

[wiseprince]

Trump and the Republican party. If both allow then it happens

[LesbianThespianGymnasticMidget]

Are you sure they have the legal right to do this?

If they do your suggestion would solve the problem.

[xzins]

I would say that congress certainly has the authority. They get to decide which, if any, lesser courts will exist. And they "shall" have ORIGINAL jurisdiction in case involving public offices (DHS) or a State. IOW, this never should have been before the 9th circuit in the first place. That's how I read after guidance from one with a legal background.

Art 3, Sec 1: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. "

Art 3, Sec 2: "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. "

[Cubs Fan]

Technically, the Left could use the courts to tie up Congressional laws, as well. States can file lawsuits that challenge the constitutionality of laws passed by Congress. If they can find a judge who will hear the case and rule in their favor, just as WA found Robart, then there is nothing to stop them from tying up not only Executive actions, but Congressional actions, in court.

Exactly right. It hasn't happened yet, but if congress passed something and trump signed it into law they could TRO it then too. Of course that is not a check or balance. That is clear judicial supremacy--that a circuit court judge could overrule two branches of government. But unless this is nipped in the bud somehow, entirely possible.

[xzins]

ping to 68

[Cubs Fan]

Correct. They will file lawsuits ad infinitum. They will tie up the courts with lawsuits. They will attempt to stop President Trump’s every EO that comes out. Their intent is to bring the government to a standstill until they can get power again!.............

This is what is going to happen. I hope they are ready, and have thought out what they plan to do about it.

Personally, if the SCOTUS goes 4 to 4 I would ignore the lower court it was remanded to, and say that only the supreme court has the power with a clear decision.

I sure hope Gorsuch is good guy or we are up the creek big time.

[P-Marlowe]

Yes. Jurisdiction of the lower courts is only granted by acts of Congress. The only Court created by the Constitution is the Supreme Court. All the other courts were created by a Congress and they can be controlled or eliminated by an act of Congress.

[Cubs Fan]

A reasonable amount of effort should be made to try to respect the rulings of judges. If and when the point is reached where there are judges that just automatically block his executive orders, he should clearly state his case to the people and announce that he will interpret their rulings with the same latitude they use to interpret the constitution--and then simply ignore them. He swore an oath to uphold the Constitution, not to uphold rulings by rogue courts.

Sounds good to me.

[Cubs Fan]

Go to the Supreme Court, and if they screw the law, Trump should continue to bang the drum of unelected liberal justices taking over the country. Take it to the people, and get your judges on the bench.

Agreed. I think if the SCOUTUS ties 4 to 4. Trump should say appelate countrs are not more powerful than presidents and only a clear majority SCOTUS ruling needs to be abided by.

[Cubs Fan]

I was thinking the same thing... border wall, deportations, defunding sanctuary cities, etc.

They are going to take EVERYTHING Trump does to court from now on, EVERYTHING. They are trying to disenfranchise every person who voted for trump. This is a judicial coup.

[Cubs Fan]

http://www.yalelawjournal.org/article/how-to-remove-a-federal-judge

thanks, good article.

[b4me]

Strengthn them by God thru prayer

[ManHunter]

When discussing a particularly troublesome lieutenant who was given to micromanagement with my command sergeant major, he told me that the worst thing you can do to a boss is EXACTLY what they tell you. (Think about it, especially in the context of a micromanaging boss.) I think the same philosophy applies in this case. Judge orders a stay on an EO, have another ready with some very minor word changes. Judge orders a stay on that one, do the same thing and so on. You want to tie up the courts and your liberal judges with nonsense, we’ll be happy to oblige.

[Mechanicos]

Article 3 Section 2 US Constitution, Strip the court of authority to even look at it under the exceptions.

[mosaicwolf]

Just ignore them and say, “Enforce it.”