Author: mfnnews
The imperial judiciary strikes back
So far, more than 100 federal court judges have ruled against the Trump administration in hundreds of lawsuits filed by states, unions, nonprofit organizations, and individuals.
While some of these rulings are fairly grounded in the Constitution, federal law, and precedent, many are expressions of primal rage from judges offended by the administration and moving at breakneck speed to stop it.
Trump sometimes exceeds his authority. Activist judges substitute ‘frequently’ for ‘sometimes.’ The Constitution and the Supreme Court disagree.
According to a Politico analysis, 87 of 114 federal judges who ruled against the administration were appointed by Democratic presidents, and 27 by Republicans. Most of the lawsuits were filed in just a few districts, with repeat activist judges leading the opposition.
Lawsuits against the administration may be filed in the District of Columbia and, often, also in other districts. Initially cases are randomly assigned. Plaintiffs focus on districts with predominantly activist, progressive judges. Because related cases are usually assigned to the same judge, later plaintiffs file in districts in which related cases were assigned to friendly activists.
Conservative judges generally believe they should interpret the law and avoid ruling on political questions, while liberals tend to see themselves as protectors of their values. After 60 years of domination by activist liberals, the Supreme Court and conservative appeals court judges are finally demanding that district court judges respect the Constitution. The Supreme Court is also re-evaluating precedents established by far-left justices who substituted their values for the words and intentions embodied in the Constitution.
To date, the Supreme Court has reversed or stayed about 30 lower court injunctions blocking the administration, and appeals courts have reversed or stayed another dozen. Even Justice Ketanji Brown Jackson imposed an administrative stay on a district court decision requiring the immediate resumption of SNAP payments.
Federal judges who oppose Trump’s agenda are openly opposing the Supreme Court. In April, D.C. Chief Federal Judge James Boasberg sought to hold administration officials in criminal contempt for violating an order the court had vacated. In May, Fifth Circuit Court of Appeals Judge James Ho criticized the court’s demand that district courts act promptly on administration requests. In a September ruling, Boston Federal Judge Allison Burroughs challenged the court for expecting lower courts to treat its emergency orders as binding legal precedent.
Ten of 12 federal judges interviewed by NBC News in September, and 47 of 65 federal judges responding to a New York Times survey in October, thought the court was mishandling its emergency docket. They described orders as “incredibly demoralizing and troubling” and “a slap in the face to the district courts.”
Deservedly so. Though the Supreme Court and appeals courts judges have rebuked district court judges for ignoring higher courts and abusing their authority, they continue to do so with rulings focused on identity politics and a progressive lens on the woes of immigrants, minorities, women, and workers. They likely expect to be reversed on appeal, but they secure wins by causing delay and creating fodder for progressive activists to rally their supporters.
There is little that can be done about these judges. Removal requires a majority vote in the House and a two-thirds vote in the Senate. With Democrats supporting these judges, those votes are unrealistic.
RELATED: Who checks the judges? No one — and that’s the problem.
Photo by Kevin Carter/Getty Images
Just a few of the dozens of examples of politicized judicial decisions:
In May, Myong Joun, a Biden appointee in Boston, enjoined layoffs at the Department of Education in a decision featuring an encomium to its anti-discrimination mission. The Supreme Court stayed his injunction.
Despite this precedent, Susan Illston, a Clinton appointee in San Francisco, issued a nationwide injunction barring the administration from firing union employees during or because of the government shutdown. Ignoring settled law, she bemoaned the “trauma” of workers who had been under “stress” ever since Trump’s election. Illston gambled correctly that the shutdown would end before her order could be reversed.
Indira Talwani, a federal district court judge in Boston, went further. Declaiming her fear that defunding Planned Parenthood would deprive women of access to abortions, she elided Article I of the Constitution, which requires all federal spending to be approved by Congress, nullifying a duly enacted statute that suspended funding of large abortion providers for a year. By the time she is reversed, the suspension will have expired.
In June, after San Francisco Federal Judge Charles Breyer enjoined Trump from federalizing the California National Guard, a three-judge panel of the Ninth Circuit unanimously stayed his order, explaining that on military matters, the president’s judgment stands unless it is dishonest. Nonetheless, Oregon Federal Judge Karin Immergut subsequently blocked deployments in Portland, substituting her assessment of the situation for the president’s.
An Obama-appointed judge recently interviewed by NBC explained, “Trump derangement syndrome is a real issue. As a result, judges are mad at what Trump is doing or the manner he is going about things; they are sometimes forgetting to stay in their lane.”
Trump sometimes exceeds his authority. Activist judges, who self-reverentially believe progressive technocrats and judges are democracy’s guardians, substitute “frequently” for “sometimes.” The Constitution and the Supreme Court disagree.
Video: Female bully towers over and beats up elderly woman on Florida bus. Victim is left ‘battered and bruised’: Sheriff.
Law enforcement in Florida is looking for a female seen on video inside a bus beating up an elderly passenger last month.
A 70-year-old woman on Oct. 21 took a seat in the disabled section of a transit bus, the Broward County Sheriff’s office said, adding that “her ride would end with her battered and bruised after being attacked by a fellow bus rider.”
‘This is repulsive. This is something that should never happen; it should not happen in any type of civilized society. What this woman did is absolutely unacceptable.’
Detectives said the attacker, who was standing, bumped into the victim several times due to the movement of the bus, officials said.
The victim asked the attacker to give her some space, officials said, after which a verbal argument ensued.
With that, officials said the attacker “intentionally and forcefully pushed her body into the victim several times. The attacker then grabbed a grocery bag and struck her in the face with it.”
At one point during the assault, video appears to show the feisty elderly woman issuing a middle finger to her attacker.
The sheriff’s office said the victim used her cane to defend herself, and the attacker punched the victim multiple times in the head.
Officials said several bystanders on the bus came to the victim’s defense and separated her from the attacker.
The bus driver saw the incident and stopped the bus in the 4100 block of West Oakland Park Boulevard in Lauderdale Lakes, officials said, and that’s where the attacker and a woman with her fled.
The victim suffered bruising on her forehead but declined to be transported to the hospital, officials said.
“Fortunately the victim did not suffer any major injuries. She was treated on scene,” sheriff spokesperson Carey Codd told WFOR-TV.
Codd added, “This is repulsive. This is something that should never happen; it should not happen in any type of civilized society. What this woman did is absolutely unacceptable.”
Broward Sheriff’s Office Violent Crimes Unit detectives released video of the attack in hopes of identifying the woman who pestered the elderly woman before punching her repeatedly. You can view the sheriff’s office video here.
Those with information on the identity of the attacker or the woman with her are asked to contact BSO Violent Crimes Unit Detective Andres Lopez at 954-321-4915 or submit a tip through the SafeWatch app, officials said.
Those wishing to remain anonymous and be eligible for a cash reward can contact Broward Crime Stoppers at 954-493-TIPS (8477), submit a tip online at browardcrimestoppers.org, or dial **TIPS (8477) from any cell phone in the United States. If your tip leads to an arrest in this case, you are eligible for a reward of up to $5,000, officials said.
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