Tuesday, May 28, 2019

Need More Federal Judges


            Liberal judges continue to throw roadblocks in the path of President Donald Trump’s agenda to make America great again (MAGA). In a recent speech to the American Law Institute, Attorney General went after federal judges who issue nationwide injunctions against the administration. He said that there have been more than 37 such injunctions issued during the Trump administration, a number that is greater than for the entire 20th century. In his speech Barr focused attention on “improper use of nationwide injunctions against policies of all stripes” and added that such injunctions that block administrative policy gives the district courts “unprecedented power.” 

One judge can, in effect, cancel the policy with the stroke of the pen. No official in the United States government can exercise that kind of nationwide power, with the sole exception of the President. And the Constitution subjects him to nationwide election, among other constitutional checks, as a prerequisite to wielding that power.

            Barr cited legal battles over immigration, such as the Deferred Action for Childhood Arrivals program. This program was instituted by Barack Obama to offer protection to individuals who were brought illegally into the United States when they were children. With this kind of power in the district courts, is it any wonder that Senate Leader Mitch McConnell is trying to get more conservative judges in the various courts across the land?

            Millions of people, this writer included, voted for Donald Trump in order to gain control of the courts. President Trump nominated, and the Senate sustained two justices to the Supreme Court. When Trump was elected there were more than 100 vacancies for federal judges. The President nominated judges as fast as he could, but Democrats in the Senate slowed the confirmation as much as they could. However, McConnell came up with a new plan.

            Under the old rule the minority could debate a nomination for 30 hours. McConnell recently scaled back the power of the minority and changed the rule to two hours of debate. The new rule was approved by a 51 to 48 vote. The new rule applies to district court judges and low-level administration appointees. With the new rule several appointees can be debated and voted on in one day. McConnell is a big help to President Trump in putting conservative judges on the benches of America. Maybe there will soon be enough conservative judges to stop the power grabs of the liberal ones. We can only hope so! 
           

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