Tuesday, March 18, 2025

Curbing Judicial Obstruction with Impeachment

 From Amuse on X:

The judiciary’s independence is sacrosanct, but it was never meant to be an unchecked autocracy. While Article III grants lifetime tenure to federal judges contingent on “good Behaviour,” it does not render them immune to consequences when they systematically abuse their power. Today, the increasing use of nationwide injunctions by activist judges has become a favored weapon of the Left to obstruct President Trump’s duly enacted policies, often without a clear constitutional or statutory basis. If unchecked, this trend threatens the balance of power between the branches of government. The Founders provided a remedy for judicial misconduct: impeachment. While removal by the Senate may be politically impossible, the process itself—lengthy, costly, and reputationally damaging—can serve as an effective deterrent against overreach. Republicans must be willing to wield impeachment strategically, not necessarily to remove but to punish and deter judges who act as unelected policymakers.

Hamilton, in Federalist No. 81, made clear that impeachment was intended as a check on judges who engage in “a series of deliberate usurpations” of the authority of the other branches. Judges who repeatedly issue nationwide injunctions against the executive branch are precisely such usurpers. A nationwide injunction is, in effect, a judicial veto on the president’s agenda. It allows a single unelected judge—often forum-shopped by left-wing litigants—to impose their policy preferences over the entire nation, circumventing the democratic process. While the Supreme Court has signaled skepticism toward this practice, lower courts continue to wield it aggressively.

A strategy of impeachment, even if the Senate does not convict, can curb this judicial activism. The moment a judge is impeached by the House, their professional life is consumed by defending their record. They must lawyer up, face grueling hearings, and endure the stain of impeachment on their legacy. Historically, even the threat of impeachment has influenced judicial behavior. In 1996, federal judge Harold Baer Jr. reversed his own controversial decision after bipartisan calls for his impeachment gained traction. Impeachment, therefore, serves as a powerful mechanism of accountability even without removal. (Read more.)

 

Alert the media. From Tierney's Real News:

If President Trump was a racist, why did he pick:

Marco Rubio, who is Cuban

Scott Turner, who is black

Kash Patel, who is Indian

Tulsi Gabbard, who is Samoan

Lori Chavez-DeRemer, who is Mexican

If Trump was a misogynist, why did he choose:

Pam Bondi

Lori Chavez-DeRemer

Brooke Rollins

Linda McMahon

Kristi Noem

Tulsi Gabbard

Kelly Loeffler

Elise Stefanik

Susie Wiles

Karoline Leavitt

(Read more.)


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