By Bobbie Anne Flower Cox at Brownstone dot org.
Though I am an attorney in practice for almost thirty years now, I have always said that not all issues can be resolved in a court of law. I say this not because I lack confidence in our judicial system, but because not all issues are subject to the decision of a court. In other words, judges can't have a say in everything! This is the premise behind our stalwart foundational doctrine of Separation-of-Powers where each of our three, co-equal branches of government have their own sphere of influence and power, and each is to stay out of the others' lanes.
To the point, some issues are policy issues, not legal issues. And so, just as the Executive Branch (the president and his cabinet) cannot adjudicate a dispute between you and your neighbor, nor can a judge nullify an agency's lawfully permissible actions just because the judge doesn't like what the agency head has done.
Furthermore, there is a hierarchy to our judicial system in the United States, and in the federal court arena, the "District Courts" are the lowest on the totem pole. Everyone in the legal world knows this. Attorneys, court personnel, legal scholars, and unquestionably, above all others, the judges know this. However, there is a new phenomenon growing in our country which can be categorized as nothing short of lawlessness. There is a class of judges who feel so emboldened, they believe they have the authority to bestow upon themselves a supernatural power to trump the Constitution and "go it their own way," so to speak.
These rogue judges are a clear and present danger to our society, for they ignore our 250-year-old rules, and instead write their own playbook. To borrow a term from the Left (which is rather ironic considering these cagey judges were almost all appointed by Democrat presidents), these judges are "a threat to democracy!"
In response to this growing brazen disregard for law and order, our highest court in the land decided it had to step in and set the record straight. Like naughty children who refuse to obey their parents, the United States Supreme Court (SCOTUS) gave the rogue judges a stern reprimand that left no room for interpretation.
To be exact, in June of last year, SCOTUS issued a decision that made it crystal clear that federal District Court judges (i.e. the lowest level court in the federal judiciary system) are limited in their reach. More specifically, inTrump v. Casa, SCOTUS ruled that these district court-level judges can only issue injunctions that are binding on the specific parties in that case. I analyzed this decision in more detail in an NTD interview shortly after the decision was released last summer. The bottom line is, these low courts (of which there are almost 100 in our country) cannot issue decisions that affect the entire country. That power lies only with SCOTUS. As it should. Remember folks, our Constitution only establishes the Supreme Court. All other courts are subservient thereto, and therefore must be obsequiously submissive by their very definition.
And yet, I got a phone call on March 16th from a colleague (though not a fellow attorney), who was clearly agitated, and I could probably say close to irate by the end of the call. He barely greeted me when I picked up the phone, and he dove right in with, "Did you hear about this stupid *ss judge in Massachusetts who just threw out Kennedy's ACIP panel and invalidated their changes to the childhood vaccine schedule?! What the hell is going on?! He can't do that! Can he?!"
I hadn't yet heard about the decision, so I immediately thought to myself, this colleague's got it wrong…There's absolutely no way a judge in Massachusetts can toss out the HHS Secretary's appointees to ACIP and undo the work they've done. As my colleague was huffing and puffing about it, I remained very calm, which confused him. "Why aren't you upset about this?" he asked me. So I told him with great confidence that I was sure he got the sto...