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stu_gatze
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AG Barr is getting better at fighting rogue judges, but more is needed
Sep 11th, 2019 at 1:02pm
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AG Barr is getting better at fighting rogue judges, but more is needed

By: Daniel Horowitz
September 9, 2019



Imagine if James Madison were asked in 1789 who is more powerful – the attorney general or a Supreme Court justice. He’d laugh at the silliness of the question. How could he imagine a time when a Supreme Court justice would be more powerful than the attorney general or even the president of the United States?

Last Friday, Attorney General William Barr wrote a strong op-ed in the Wall Street Journal calling the practice of issuing nationwide injunctions on broad policies unconstitutional. “It is indeed well past time for our judiciary to re-examine a practice that embitters the political life of the nation, flouts constitutional principles, and stultifies sound judicial administration, all at the cost of public confidence in our institutions,” warned the attorney general about the growing practice of injunctions issued beyond individual plaintiffs in cases.

It’s long past time for the administration to get more aggressive in countering judicial supremacy, and this is a great start. But the conclusion of the op-ed is to essentially call on the Supreme Court to police its own branch. What happened to the executive branch checking the judicial branch? Our Founders created three separated branches. If one branch is doing something illegal, it is incumbent upon the other branches to check that abuse and certainly refuse to give it the force of law.

Barr uses DACA as an example of how judges are issuing illegal edicts. In that case, a judge demanded that Trump continue violating immigration law and grant quasi-citizenship documents to those who, pursuant to long-standing law, must be deported. How can the chief law enforcement officer of the nation violate a law to give effect to some district judge’s political opinion dressed up as a court ruling?

Judges simply have no power to enforce their rulings even when they are isolated to a legitimate case before them, much less have their musings declared as “law” that are self-executing on other branches and universally binding on all the people and states. Even for their rulings to take effect on the actual plaintiffs, judges rely on … you guessed it … the attorney general.

Our Founders designed the system that way on purpose. It’s not a bug; it’s a feature. Judges are unelected and life-tenured. To provide them with any enforcement power would have been antithetical to republicanism. The Founders gave the power of enforcement to the executive branch and the power of the purse to the legislative branch to check the judicial power, the same way the power to decide individual cases under the law was given to the judicial branch to check the other branches.


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Re: AG Barr is getting better at fighting rogue judges, but more is needed
Reply #1 - Sep 11th, 2019 at 2:25pm
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It's really quite a good article and about time that this injustice be addressed. Judge shopping seems to be an egregious practice to make nationwide policy an unwholesome act.

now, let's see what happens, if anything.

Likewise, let's see some indictments and prosecutions result from the investigations that Barr is conducting.
  
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Re: AG Barr is getting better at fighting rogue judges, but more is needed
Reply #2 - Sep 11th, 2019 at 11:19pm
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Jiminy Cricket wrote on Sep 11th, 2019 at 2:25pm:
It's really quite a good article and about time that this injustice be addressed. Judge shopping seems to be an egregious practice to make nationwide policy an unwholesome act.

now, let's see what happens, if anything.

Likewise, let's see some indictments and prosecutions result from the investigations that Barr is conducting.


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