Brownstone Journal

When Judges Go Rogue


Listen Later

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...
...more
View all episodesView all episodes
Download on the App Store

Brownstone JournalBy Brownstone Institute

  • 4.7
  • 4.7
  • 4.7
  • 4.7
  • 4.7

4.7

12 ratings


More shows like Brownstone Journal

View all
Peak Prosperity by Chris Martenson

Peak Prosperity

567 Listeners

Wise Traditions by Weston A. Price Foundation

Wise Traditions

2,346 Listeners

Gold Goats 'n Guns Podcast by Tom Luongo

Gold Goats 'n Guns Podcast

336 Listeners

Coffee and a Mike by Michael Farris

Coffee and a Mike

374 Listeners

The Delingpod: The James Delingpole Podcast by James Delingpole

The Delingpod: The James Delingpole Podcast

462 Listeners

American Thought Leaders by The Epoch Times

American Thought Leaders

1,213 Listeners

DarkHorse Podcast by Bret Weinstein & Heather Heying

DarkHorse Podcast

5,372 Listeners

The Sharyl Attkisson Podcast by Sharyl Attkisson

The Sharyl Attkisson Podcast

1,832 Listeners

Bannon`s War Room by WarRoom.org

Bannon`s War Room

16,791 Listeners

THE MCCULLOUGH REPORT by Dr. Peter McCullough

THE MCCULLOUGH REPORT

2,486 Listeners

Facts Matter by The Epoch Times

Facts Matter

1,266 Listeners

Man in America Podcast by Man in America

Man in America Podcast

497 Listeners

Doc Malik by Ahmad Malik

Doc Malik

125 Listeners

The Tucker Carlson Show by Tucker Carlson Network

The Tucker Carlson Show

16,982 Listeners

Victor Davis Hanson: In His Own Words by Victor Davis Hanson | The Daily Signal

Victor Davis Hanson: In His Own Words

1,123 Listeners