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Who Needs Judges? Progressives Discover the Virtues of Democracy!

December 31, 2019 in Economics

By Doug Bandow

Doug Bandow

Washington is convulsed by politics these days. The presidential election is less than a year away. The House is moving forward on impeaching President Donald Trump. And there is widespread preparation for a possible Supreme Court confirmation battle.


Of course, the last is largely hidden from public view, since there is no vacancy … yet. It is morbid but inevitable business: across the spectrum, officials and activists alike are considering the likely progression of pancreatic cancer in Associate Supreme Court Justice Ruth Bader Ginsburg. No one wishes her ill, but an election-year nomination would trigger an extraordinarily bitter, high-stakes battle. So everyone wants to be ready.

Long committed to result-oriented jurisprudence, the Left fears that it faces payback from conservative jurists after years of unconstitutional judicial activism. AlterNet’s Jake Johnson warned that “Progressive advocacy groups and legal experts have warned that these right-wing judges will have the power to shape U.S. law on climate, reproductive rights, and other major areas for decades to come.” Just like the lefties did who long dominated the federal bench. But they now fear the end is nigh!

Progressive activists are pushing for “reform,” which means filling the courts with robed legislators. Emma Janger of the People’s Parity Project argued, “Without a meaningful plan for court reform any presidential attempts to make needed change will simply be blocked by the courts.” Listen to progressive activists and you hear an echo of Teddy Roosevelt’s famous declaration at the 1912 Republican Party convention that “We stand at Armageddon, and we battle for the Lord.” Yet it is the Left that long ago politicized the judiciary, hijacking the legal process and turning court appointments into brutal political battles.

As originally conceived, the judicial role was important. Alexander Hamilton explained in Federalist No. 78,


The independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effect of those ill humors, which the arts of designing men, or the influence of particular conjunctures [circumstances], sometimes disseminate among the people themselves, and which, though they speedily give place to better information and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious …read more

Source: OP-EDS

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