The Supreme Court does too little, too late to rein in lower courts that legislate from the bench. Deciding only 58 argued cases during its recently ended term, the Supreme Court has been barely more than a remote outpost that takes far too long to protect our Constitutional rights.
In the last year the Supreme Court has ducked issues and declined to accept appeals on anti-Second Amendment rulings upholding gun control, and an anti-First Amendment ruling censoring videos taken by pro-life David Daleiden. This basically sets up liberal Courts of Appeals as the final word on many key issues.
In a tactic known as forum shopping, Trump’s opponents file their lawsuits in courts where Democratic trial judges will likely rule in their favor at the district court level. Then, a year or two later at the appellate level, the overwhelmingly Democrat-nominated judges in the Fourth and Ninth Circuits predictably affirm.
Trump ultimately prevailed when the Supreme Court reinstated his temporary, so-called travel ban from several hostile nations, but it took nearly a year-and-a-half to do so, even with the expedited attention that case received. That wasteful litigation consumed more than a third of Trump’s entire first term in office, and far too much of his personal time, undermining other actions he could have been taking for our country.
The Ninth Circuit presides over a fifth of our nation’s population – more than 64 million people – and more than two-thirds of its active judges were appointed by Presidents Clinton and Obama. Despite seven vacancies on that Circuit for Trump to fill, the Senate has so far confirmed only one, a compromise nominee opposed by more than half the Republican senators due to his weakness on the Second Amendment.
Congress has acted before to curb judicial hostility and it must again. Immigration policy, in particular, is an issue uniquely within the domain of the President and Congress. The courts should have little say in the matter. Congress should take heed of Attorney General Sessions’ criticisms of judicial overreach on immigration, and withdraw the issue from the courts.