(A.K.A. Non-Original Rants)

–Co-opting good stuff from all over the ‘Net and maybe some original thoughts—ΜΟΛΩΝ ΛΑΒE

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The third rotten leg of the Separation of Powers

I’m just going to put two things together that explain the insanity of the judicial branch trying to override almost every action of the Executive branch–including deportations.

The first one:

President Trump, who returned to office on January 20, 2025, has faced a relentless barrage of legal challenges, totaling 132 lawsuits in under two months, with only two cases resolved. Many of these challenges have originated from lower court rulings issued by judges appointed during the Biden administration. Schumer pointed to several instances of these judicial rulings, saying, “They restored the money to NIH. They required that 8,000 federal employees have to come back. We’re in over 100 lawsuits against them, and we are having a good deal of success. It’s only at the lower court level right now.”

Schumer’s remarks appeared to confirm the strategic nature of these judicial appointments. In a clip shared by Libs of TikTok, he stated, “We did put 235 judges, progressive judges, judges not under the control of Trump, last year on the bench, and they are ruling against Trump time after time…” Schumer’s comments have sparked significant backlash among conservative leaders, who accuse Democrats of politicizing the judiciary.

Senator Mike Lee (R-UT) condemned Schumer’s admission, writing on X, “‘Progressive judges’ That doesn’t mean ‘judges who follow the law.’ It means progressive activists wearing black robes.” His post quickly gained traction among supporters concerned about judicial impartiality.

And the next:

The problem is the normal appellate process has not been running. It has not been working. The district court judges have been deliberately framing their relief, their relief which will not ultimately hold up on appellate review, as temporary restraining orders so that there’s difficulty of review.

Twice the government went to the Supreme Court asking them to step in and stop this, and unfortunately the Supreme Court refused to do so.

Justice Alito issued a statement on behalf of the four conservatives in one of the cases where the judge, the district court judge, had ordered $2 billion in government contracts to be paid within 36 hours, not even knowing what the contracts were, and despite the government’s statement they wanted to review them to make sure there wasn’t fraud there. And the court—the three liberals plus Chief Justice Roberts plus Justice Barrett—refused to hear the case, and Justices Alito, Thomas, Gorsuch, and Kavanaugh issued a powerful statement that the court has not met its obligation—meaning the Supreme Court has not met its obligation—to make sure that the district courts stay within their constitutional bounds.

Chief Justice Roberts has publicly called out Trump for calling for impeachment of activist judges. But he refuses to do anything to rein them in. So what other choice is there? Because the one thing that Dems did/do was basically just ignore the judicial branch when it suited them. MAGA, for good or ill, still tries to work within the rule of law. But that rule of law is broken. It is very evident. So unless the Highest Court steps up to protest the Constitution, then there is no choice but to use the system to force them to.



5 responses to “The third rotten leg of the Separation of Powers”

  1. In the spirit of “I’ll just forgive student debt anyhow…” I say the courts in general can be ignored on a “broad brush” basis. That precedent has been set.

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  2. I’d like to know where all of these law suits were when obozo and bribem were in the WH committing actual crimes on a daily basis.

    You heed no other signal than that to determine that the entire fed.gov is corrupt, including every elected and appointed official.

    It’s a big club, but we ain’t in it.

    Liked by 1 person

  3. Harry Enten Says Portion Of Americans Thinking US On ‘Right Track’ Has Surged ‘Through The Roof’ – Video

    https://commoncts.blogspot.com/2025/03/harry-enten-says-portion-of-americans.html

    ps. Could you please add CC to your blogroll? thanks!

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  4. I would have much more respect for Judge Roberts if he hadn’t sat idly by when Chuck Schumer was inciting violence against Bret Kavanaugh and other justices. Roberts saves his criticisms for conservatives.

    My standard litmus tests for laws or political actions is whether I would still support something if the other side was doing it. Would I support just ignoring the courts if it was Biden in the White House versus Trump?

    The problem with my standard approach is that Biden did ignore the courts (see boneman’s comment above). Since the left has decided that we no longer have the rule of law, the right will always lose unless they either fully restore the rule of law (not going to happen) or play by the rules as they are, not as we wish them to be.

    When the court was standing in the way of the left, we cheered — and the left attempted to undermine the legitimacy of the courts. Long term, it would be best if the courts were legitimate. But for that to happen, they have to act legitimate. TROs need to be fast tracked on the appellate process. You can’t have judges ruling on things decades too late.

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  5. boneman–The precedent has indeed been set.

    Nemo–No lawsuits because the activists were on the same page as the government.

    SD–Nope. You jump in with a non sequitur and ask. Not happening.

    Unferth–Agreed on all points. They act as partisans and operatives which means they are not legitimate.

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