Today I'm joined by Professor Brian Fitzpatrick, a former Scalia law clerk and current law professor at Vanderbilt University. Brian gives us an expert opinion on the current trends in the lower courts and their threat to democracy. 

Following up on his congressional testimony, Fitzpatrick argues that unless we reform the jurisdiction of the lower federal courts, any anomalous and extreme judge among the 7,000 district judges can wield enormous power. He warns that if you’re counting on a conservative Supreme Court to catch every mistake of the lower courts, you will surely be disappointed. SCOTUS is continuously reducing its workload and is very cautious to weigh in. Given that the Left is shopping around its lawsuits to courts that will give it victories and nationwide injunctions, the cases are never even brought to the Supreme Court.   

He sees the most immediate needs as dividing up the Ninth Circuit and having Congress ban universal injunctions as the best remedies. We also discuss the need to transfer more power to state courts, particularly from lower federal courts. Congress has enormous power over the courts, if it will only use it.     

Show links

Prof. Fitzpatrick’s congressional testimony on reforming the courts  [written testimony]

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