Wednesday, March 23, 2005

The Latest Judicial Outrage

Hugh Hewitt has a couple of good posts on the flagrant ignoring of Congress's power by the federal judiciary as reflected in how the judiciary handled the emergency law passed in special session last weekend. I swear, we're quickly reaching the point in this country where Congress is going to need to impeach some judges.

The key point:
Judicial contempt for the coordinate branches on this scale is simply staggering. Anyone defending this morning's majority or yesterday's ruling has to defend this disregard of Congressional action. Had either court ruled that the law was unconstitutional, that would have at least clothed the Pontius Pilate approach with some legal cover. But reciting irrelevant standards for granting injunctive relief in advance of trial in a case where Congress intended the injunction to issue is simple sophistry.


I can only hope that four justices oblige the Supreme Court to take up the matter so we can at least get some opinions on this subject of Congressional intent from the dissenters, or at least an honest rejection of the right to Congress to act. At this point we have a robed charade: Two courts pretending that Congress had the power to order what it ordered, but ignoring the law that was passed.

No comments: