Sunshine politics and misuse of the third branch

This Is What Is Wrong With The American Judiciary picks up on a problem noted earlier:

Article III judges are protected by lifetime tenure in office and salary which cannot be reduced by Congress. They are not supposed to be insulated from “intense public scrutiny.” Nor should judges instruct litigants before them to limit their constitutionally protected out-of-court speech, and to encourage such limitations under the threat of what is or is not “effective advocacy.” That Judge Bybee, along with Judges Kozinski, Callahan, Bea, and Ikuta, who joined Bybee’s dissent, think otherwise is more than a problem: it is an American disaster.

It picks up on the complaints in the dissent as preceding the issue in importance as they “chill constitutionally protected speech.” The ‘lifetime tenure” idea is another way of saying that the judges are in a protected and, hence, elite class and that the complaints about public scrutiny and civility are an expression of hubris.

The fact is that both the decision that is the topic of the dissent and the complaints in the dissent are worrisome as they exceed the authority of the courts and impinge on constitutional rights rather than protect them.

Dershowitz provides an explanation of this concept: Courts Essentially Saying If Obama Issued Trump Travel Ban, It Would Be Constitutional – “If Obama had issued the very same order with the same words it would be constitutional, but if Trump issues it it’s unconstitutional.” Dershowitz notes that the law is not supposed to work this way.

From Trump’s side of things, go to the Nashville Speech: “ Trump, of course, blasted the judge. Then he surprised this Trump skeptic – he quoted law. Verbatim.”

All this to say, we are engaged in a great legal war. Blue states, like Washington state and Hawaii, are suing to keep America open to immigrants while red states, led by Tennessee, are engaging legally to protect their people – their persons and their pocketbooks.

Meanwhile in Europe, mass immigration has disrupted society.

What needs to be kept in mind about this is that judicial over-reach and the use of the courts by the Left to impose an oligarchy was a campaign issue based on long standing public concerns with Roe v. Wade being an early marker. In that light, Trump is addressing a campaign promise in one of the most effective ways by avoiding direct confrontation but instead shining a light on the corruption in such a way as to stymie its growth. A long term solution won’t be found by passing laws or using other instruments in the governmental heavy hand. It will be by turning the public perception in such a way that the corruption is acceptable by a smaller minority. Right now, judicial over-reach along with riots and other violence, slander, libel, and similar practices are accepted by, promoted, and engaged in, by one of the major political parties.It will take sunshine to change this towards the kind of civility Judge Bybee was looking for.

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