The taming of the judiciary

How to Actually Fix Scotus by Deion Kathawa is a remarkable piece of writing by a senior at the University of Michigan. If there are more like Deion Kathawa presently hiding out in universities the nation may yet be saved.

Courts and judges became politicized when Democrats figured out that getting friendly left-wing judges to implement their agenda would be a lot easier than trying to persuade Americans to accept it willingly. When I was in law school, several decades ago, it was the common belief that courts only decide “cases and controversies” between litigants. Courts were to constantly make pronouncements of legal principles and leave public policy making to the people through their representatives in the elected branches. Courts were never ever to decide political questions. Those were deemed to be “non-justiciable” as not presenting a justiciable issue for the court to decide.

Judges themselves were thought to be the keepers of this faith by exercising self-imposed judicial restraint. That trust was soon betrayed. Now we have federal judges who think they have the power to overrule the president in deciding immigration enforcement policy. This even though the Constitution gives him that power and the Congress has expressly recognized it by statute.


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