“Disheartening and demoralizing,” wailed Judge Neil Gorsuch of President Trump’s comments about the judges seeking to overturn his 90-day ban on travel to the U.S. from the Greater Middle East war zones.
A “so-called judge” blocked the travel ban, said Trump. And the arguments in court, where 9th Circuit appellate judges were hearing the government’s appeal, were “disgraceful.” “A bad student in high school would have understood the arguments better.”
They reflect, first, the poisoned character of our politics. The language of Warren — that Sessions is stepped in “racism, sexism & bigotry” echoes the ugliest slander of the Hillary Clinton campaign, where she used similar words to describe Trump’s “deplorables.”
For how do you sit down and work alongside people you believe to be crypto-Nazis, Klansmen and fascists? Apparently, you don’t. Rather, you vilify them, riot against them, deny them the right to speak or to be heard.
Jackson defied Chief Justice John Marshall’s prohibition against moving the Cherokees out of Georgia to west of the Mississippi, where, according to the Harvard resume of Sen. Warren, one of them bundled fruitfully with one of her ancestors, making her part Cherokee.
When Chief Justice Roger Taney declared that President Abraham Lincoln’s suspension of the writ of habeas corpus violated the Constitution, Lincoln considered sending U.S. troops to arrest the chief justice.
President Eisenhower called his Supreme Court choices Earl Warren and William Brennan two of the “worst mistakes” he made as president. History bears Ike out. And here we come to the heart of the matter.
Whether the rollout of the president’s temporary travel ban was ill-prepared or not, and whether one agrees or not about which nations or people should be subjected to extreme vetting, the president’s authority in the matter of protecting the borders and keeping out those he sees as potentially dangerous is universally conceded.
When politicians don black robes and seize powers they do not have, they should be called out for what they are — usurpers and petty tyrants. And if there is a cause upon which the populist right should unite, it is that elected representatives and executives make the laws and rule the nation. Not judges, and not justices.
Indeed, one of the mightiest forces that has birthed the new populism that imperils the establishment is that unelected justices like Warren and Brennan, and their progeny on the bench, have remade our country without the consent of the governed — and with never having been smacked down by Congress or the president.
Consider. Secularist justices de-Christianized our country. They invented new rights for vicious criminals as though criminal justice were a game. They tore our country apart with idiotic busing orders to achieve racial balance in public schools. They turned over centuries of tradition and hundreds of state, local and federal laws to discover that the rights to an abortion and same-sex marriage were there in Madison’s Constitution all along. We just couldn’t see them.
Trump has warned the judges that if they block his travel ban, and this results in preventable acts of terror on American soil, they will be held accountable. As rightly they should.
Meanwhile, Trump’s White House should use the arrogant and incompetent conduct of these federal judges to make the case not only for creating a new Supreme Court, but for Congress to start using Article III, Section 2, of the Constitution — to restrict the jurisdiction of the Supreme Court, and to reclaim its stolen powers.