Tuesday, April 12, 2005

Radical Judges

It is high time that the judicial nominations that President Bush has set forth, get an up, or down vote.

The activism that is prevalent in the courts today, warrants close scrutiny.

The ninth circuit court is a prime example of activist judges that are out of control.
Of the 79 cases the Supreme Court decided this past term through published opinions, 68 arose from the federal appellate courts, two from the federal district courts, and nine from state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 54 of the 68 judgments arising from the federal appellate courts (or 79%), zero of the two judgments coming from the federal district courts (or 0%), and six of the nine judgments issued originally by state courts (or 67%).

Notably, 9th Circuit rulings constituted about 32 percent of both the cases (25 of 79) and the reversals (19 of 59) the Supreme Court decided by written slip opinions this term.
Source:Center for Individual Freedom

Another problem with the courts is that they are trying to be the legislative branch as well as the judicial branch of government.
The system set up by the founders of this great nation are being usurped by activism in the courts. It is high time that the Congress steps in and reigns these out of control judges in.

The courts feel that they are the controlling branch of the U.S. government. As things sit, they are.

When a court can willfully disobey a subpoena by the Congress and get away with it, then there is a problem that needs to be addressed with swift action.
The Congress should have held Judge Greer in contempt of Congress and impeached him on the spot. This is the only way to reign these judges in. After a couple have been impeached, the courts will undoubtedly think twice before trying to legislate from the bench.

Is there hope?
Maybe.
Representative Tom DeLay suggested such a review of judges last week in response to the Terri Schiavo case, words that Democrats interpret as a threat to impeach judges.
The Constitution gives Congress the task of judicial oversight, it is high time they use that oversite and start peeling back the onion that the Democrats have laid at out door steps through their activist judges.

"Should we look at situations where judges have decided to go off on their own tangent and disobey the statutes of the United States of America? I think that's a legitimate area for oversight," Pennsylvania Senator Rick Santorum told ABC's "This Week."

Sen. John Cornyn, Texas Republican, told "Fox News Sunday" there are "legitimate concerns" in conservative circles that the judiciary has exceeded its power in cases involving the Pledge of Allegiance, same-sex "marriage" and other issues.

"This Week" host George Stephanopoulos asked Sen. Santorum whether Congress having authority over the courts "is a new interpretation of the separation of powers doctrine."

Sen. Santorum said, "We do have authority to set the jurisdiction of the court, and that's very clear. Article 3, Section 1 in the Constitution says that Congress has the authority to set the jurisdiction of the court."

I think a redistricting may be in order as well.
The 9th Circuit Court should be abolished and the states that are affected should be split up amongst the other courts.

The Democratic Party has long used these judges to get their agenda through to the American people, despite their true will. The voters are inconsequential in the eyes of the Democrats. As long as they have a court system that will pass their legislative agenda, they don't need control of the Congress.

As long as the Republican Party continues to kowtow to the left in "fairness" then this problem will continue unabated.

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