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Judicial Activism? Tyranny Is More Like It

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Hamilton dismissed the judiciary’s threat, but Jefferson was prescient about the “despotic branch.”

Arnold Ahlert · from the Patriot Post/https://patriotpost.us/articles/63374

“Since President Trump took office, federal district courts have issued 37 nationwide injunctions against the Executive Branch. That’s more than one a month. By comparison, during President Obama’s first two years, district courts issued two nationwide injunctions against the Executive Branch, both of which were vacated by the Ninth Circuit. And according to the Department’s best estimates, courts issued only 27 nationwide injunctions­ in all of the 20th century.” —from Attorney General William Barr’s speech to American Law Institute, May 21, 2019

Ever since the 2016 election, leftists have made it clear they will do their utmost to negate its results. And as the above quote makes clear, they have allies on the bench more than willing to trample the separation of powers. That’s happening despite Alexander Hamilton’s promise that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them,” because it “has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.”

As every sentient American knows, that is no longer the case. In fact, Thomas Jefferson was far more prescient when he warned that the judiciary would become the “despotic branch.”

In fact, “influence over the purse” was the latest outrage perpetrated by an out-of-control judge. On the Friday before Memorial Day weekend, District Judge Haywood Gilliam of the Northern District of California issued a preliminary injunction denying the Pentagon the ability to transfer $1 billion in defense funding to construct fencing in Yuma, Arizona, and El Paso, Texas.

The first question one might ask is how a judge in California gets to halt a policy that affects Texas and Arizona. The answer is simple — and damning: potential plaintiffs go “forum-shopping,” defined as a “practice adopted by litigants to get their cases heard in a particular court that is likely to provide a favorable judgment.”

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