Leftist frequently lecture me (when courts do their bidding) that we have “co-equal branches of government.” I always ask them, what’s equal about the judiciary being able to completely subvert the legislative and executive branches?
What did Justice Scalia mean? Well, the current Court, prior to Justice Scalia's death, consisted of nine justices; four of the justices were from New York City, and if you count Justice Alito from suburban New York (New Jersey) five of the justices come from greater New York. Of the other four, two were from California – Kennedy and Breyer –and one was from Georgia – Thomas – with just one, Chief Justice Roberts, from the vast Midwest of the United States (and he graduated from Harvard and Harvard Law School).
Educationally there is a similar conformity – four went to Harvard, three to Yale, one to Cornell and one to Stanford, and three received their undergraduate degrees from Princeton.
I (Dr. Richard D. Land ) join Justice Scalia in urging strongly that the next justice not be a graduate of an Ivy League law school or an Ivy League college.
Before that, the President had the power to fire anyone in the executive branch at will. No matter what any court ordered, the President could decree that any Executive Branch employee that obeyed the Court rather than the President would immediately be fired. After that, there needed to be "due process", under control of the courts, to dismiss a civil service employee.
In any job, your TRUE boss, is the person who can fire you. In 2016, that is the judicial branch.