I think this is a huge issue. No matter how much you reform the judiciary, if any of 5,000 federal judges can make a ruling and expect it to be in force across the nation, you’re screwed. You’re always going to be able to find at least one turd in the judicial punchbowl.
I’ve never been able to understand why conservatives don’t fight fire with fire. You should always be able to find one sane one, as well, if that’s all it takes. Or, if jurisdiction rules suddenly start to apply when trying to overrule a ruling then be the first to the courthouse. Go find some JP somewhere to affirmatively rule in favor of your policy.
Play their game by the same rules they do.
You make a very good point, the government should seek a favorable judge and immediately file a declaratory judgment that the statute/reg/etc is constitutional/statutorily compliant,etc.
....and judgeships make some good scratch, gooood scratch. The kind that is hard to lose. Somebody comes along and greases the process with some xtra-bene, doin a solid.
“BANG!” Emeril John Lagassé III