Category Archives: Rogue Judiciary

Judge William Orrick III Must be Impeached

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The latest clandestine interviews with Planned Parenthood officials publicized by the Center for Medical Progress revealed the worst attitudes yet toward abortion. The abortionists joked about the difficulty of dismembering a baby, especially when trying to fill an order for intact body parts. Having a baby’s eyeball fall into the abortionist’s lap was laughingly described as “gross.” One ghoul described pulling “off a leg or two” to prevent having the abortion be classed as a “partial birth abortion.” The moral level of the discussions was worthy of Joseph Mengele. The videos published on the internet have been reviving the movement to defund Planned Parenthood.

The federal courts have long practiced legislating from the bench in violation of the Constitution. Lately, they have pushed the envelope in their rulings against every action attempted by President Trump. But this all pales almost to insignificance compared to the action of one federal judge in this abortion interview video case. William Orrick III, a judge in California, has ruled that the videos must be removed from any place they occur on the internet, and that news media may not even quote the abortionists’ comments heard on the video. This open defiance of the First Amendment’s recognition of freedom of the press must not be tolerated. Here is the message that I emailed to Luke Messer, my Representative in the House.

Federal Judge William Orrick III has ruled, in defiance of the First Amendment, that evidence against Planned Parenthood be removed from the internet, and that news media be prohibited from quoting the incriminating statements by Planned Parenthood officials. This ruling is the most blatant action against the First Amendment that I’ve ever heard of. You need to introduce articles of impeachment against Orrick as soon as possible, preferably tomorrow, May 27. If Orrick is allowed to get away with this, Americans will have to conclude that the federal government considers the Constitution to be null and void. Where that would lead is scary to contemplate. Please honor your oath of office to defend the Constitution.

I recommend that all who read this post contact their US Representatives with a similar message. If we want any part of our Constitution to survive, we must make an example of this worst ever offense against it. If our federal government can’t or won’t protect the First Amendment, the alternatives are grim indeed.

 

Federal Judges are in Rebellion

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Our federal judiciary has long been usurping the powers of Congress, legislating from the bench. In Roe v. Wade, for example, the Supreme Court declared a right to kill unborn children that can be found nowhere in the Constitution. In Obergefell v. Hodges, they redefined marriage to include homosexual and lesbian couples.

Now, some federal judges are blatantly usurping the powers of the executive as well. The recent decisions by judges in Washington state and Hawaii, denying the validity of President Trump’s executive orders limiting immigration defy the president’s power to execute the laws that Congress has established. Title VIII of the United States Code 1182 states that “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” The denial of President Trump’s orders pursuant to this law is clearly an illegal action by the federal judges.

Unfortunately, the divided state of our country’s politics has made it impossible to respond appropriately to these illegal judicial actions. The obvious reaction should be for Congress to remove the judges by impeachment. A judge’s disobedience to federal law is clearly a “high crime,” and justifies his removal. The problem is that Democrats in Congress have become so radicalized that conviction in the Senate is impossible. There is simply nothing that a liberal official could do that would get a majority in the Senate to convict him. For Senate Democrats, the highest principle is party or ideological loyalty. In this environment, impeachment has completely lost its power. The Framers of the Constitution could never have predicted this degree of partisanship.

The longest range solution is to wait for the leftist judges to retire or die, and replace them with people who will respect the Constitution and the role of the judiciary established by it. Or to educate enough voters that replacing leftists in Congress would be possible. But we need a solution that will take less than a whole generation to accomplish.

A medium range solution would be a Constitutional amendment to require federal judges to be re-confirmed by the Senate periodically. This essentially gives up on the idea of an “independent judiciary.” That would be a serious move, since it goes against one of the principles the Framers had in mind when they created the Constitution. But it may be justified, because that principle presupposes judges who are committed to the Constitution and the law. We can’t assume that any longer. In any case, we need an even more immediate response to the crisis of judicial rebellion.

The three branches of our federal government are intended to be co-equal. None of them are to be completely dominant. Judicial rebellion means that the federal judges hold themselves higher than the legislative or executive branches. President Trump should declare that these rulings are illegal, and he should enforce his legally justified executive orders in spite of the judges’ orders.

What would be the downside of such an action by the president? The mainstream media, dominated by the globalist left in the Council on Foreign Relations and other such organizations, would go ballistic, of course. But how much worse could their treatment of Trump and conservatives in general become? It seems to me that they are already doing their worst.

The Democrats and fake Republicans in Congress would almost certainly try to impeach President Trump. But it seems unlikely that they could muster even a simple majority in the House, let alone the super-majority required in the Senate. The debate would be acrimonious, but the end result would be that the president would have retained his authority as prescribed by law.

The leftist federal judges have obviously decided that there is now no limit to what they can get away with. One way or another, the survival of our Republic requires that they be brought back under the Constitution.

Please, No Senate Recess During Obama’s Term

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The tragic death of Supreme Court Justice Antonin Scalia is the scariest event of this century so far. It gives Saul Alinsky’s most successful disciple, B.H. Obama, the opportunity to pack the court with radical leftists. In fact, that is such an important opportunity for the left, that the timing of Scalia’s death is extremely suspicious. So is the fact that he had a pillow over his head when he was found, and the rapid foreclosure of the opportunity to investigate the cause of death. Many Americans, myself among them, would put absolutely nothing past the current administration and its allies.

As a side note, I’m sure that some readers will cite the desire of Scalia’s family not to have an autopsy. Determining the cause of death in this case is a matter of national security. No family’s sensitivities about an autopsy carries any weight compared to that. I don’t think it’s too extreme to say that his death presents an existential threat to the Constitution.

Regardless of whether Scalia’s death was an Act of God or an act of enemies of the Constitution, it puts the Senate in the hot seat. Some Senators have assured us that they will not confirm any replacement nominated by this president. That’s not surprising and I’m glad to hear it, but the Republicans who now control the Senate have consistently caved to pressure from the left. There is a real danger that they might do the same again in this case.

Even if the Senate does not confirm Obama’s choice, they could do so passively by going into recess any time before Obama leaves office. The Constitution gives the president the power to make an appointment without Senate confirmation during congressional recesses. Any hope that he would not do so would be magical thinking. The only way to prevent that is to forego any recesses while Obama holds the presidency.

Yes, the one third of the Senators that are up for reelection would not be able to campaign personally in their home states. But with modern communications, they could campaign remotely. Just making it clear publicly that they are staying in Washington to protect the Constitution from the rogue Supreme Court should be enough to get Republican Senators reelected. And let’s face it; loss of Senate control would not be as bad as having Scalia replaced on the Supreme Court by another radical leftist.

So I urge the Senate Republican leadership to keep the body in session until the next president is inaugurated.