Wednesday, March 30, 2005

Our Robed Masters

Contemplating Justice Stanley Birch's ruling, Ed Morrissey writes:
Not only did the Eleventh Circuit openly disregard the law written by Congress, this justice arrogantly tells the other equal branches that the only branch guaranteeing a free people is the one not accountable to the will of the electorate. Bear in mind that none of the courts that reviewed this case after the passage of the emergency legislation found it unconstitutional; that at least would have put the court on record. Instead, the judiciary simply and contemptuously disregarded a law which to this moment remains legal and valid.

If Birch thinks that this law constitutes such a serious threat to the Republic, then the court should have ruled it unconstitutional. However, that would have meant a hearing on its merits, which the 11th Circuit cravenly refused to provide. Birch instead reacted in keeping with the hyperinflated notion of the judiciary in modern times as a superlegislature with veto power over actions taken by the other two branches without any due process whatsoever.

Birch's comment demonstrates that this out-of-control judiciary constitutes the main threat to the Founding Fathers' blueprint. They have set themselves up as a star chamber, an unelected group of secular mullahs determining which laws they choose to observe and which they choose to ignore.


Anonymous said...

The arrogance of the judicial branch is incredible. Can we impeach these b*st*rds? Oh, right. The Senate conducts federal impeachments and it requires a 2/3 majority of those present. Scratch that. It'll never happen. To try would be a joke with what sits in the Senate. Next option?

Anonymous said...

It's fascinating to me that so many of you have spent ages trying to restrict what the federal judiciary can do, and now that they are following that precedent by not overruling a state court, you are up in arms. The whole point of statutes like the AEDPA are to take discretion away from the federal courts and restrict their ability to modify a fact based hearing that occurred before a state court. Now that you don't like the result of the state court process, you want the federal courts to get into fact-finding?