It is widely accepted that judges can rule their courtrooms with impunity, acting like petty dictators until their actions become so egregious as to demand judicial review and sanctions. 

Unfortunately, with the rise of activist judges, we are seeing the wholesale usurpation of the legislative role of the Congress and the setting of prescriptive patterns for the executive branch.

At some point in time, we will find that the tyranny imposed by the judiciary cannot be easily remedied or tolerated. We are fast approaching that point. Where judges action on personal belief and ideology go beyond interpreting the law or, sometimes, even issuing rulings based on facts.

An example of unacceptable and unnecessary political correctness …

It annoyed me no end to read that Harold Baer, Jr., a sitting judge in the United States District Court, Southern District of New York would impose his idea of political correctness on the lead co-counsel of the firms representing the plaintiff in the middle of the case.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN RE GILDAN ACTIVEWEAR INC.
SECURITIES LITIGATION (Pacer ID: 1 :08-cv-05048-HB, Document 59 filed 09/20/2010)

WHEREAS this proposed class includes thousands of participants, both male and female, arguably from diverse backgrounds, and it is therefore important to all concerned that there is evidence of diversity, in terms of race and gender, in the class counsel I appoint, see In re J. P. Morgan Chase Cash Balance Litigation, 242 F.R.D. 265, 277 (S.D.N.Y. 2007); it is hereby ORDERED that Co-Lead Counsel, Robbins Geller Rudman & Dowd LLP and Labaton Sucharow LLP, shall make every effort to assign to this matter at least one minority lawyer and one woman lawyer with requisite experience…”

Assuming that the lawyers are well-qualified and able to present their client’s position in a legally acceptable manner, what difference does it make what gender or color the lawyers might be? I would have thought, from my high school civics class, that justice was supposed to be blind, judges impartial and rulings made in accordance with the interpretation of existing law and case precedents.

And this does not appear to be the first time that this has happened …

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN RE J.P. MORGAN CHASE CASH BALANCE LITIGATION (Pacer ID: 1:06-cv-00732-DLC, Document 98 filed 05/30/2007)

“The proposed class includes thousands of Plan participants, both male and female, arguably from diverse racial and ethnic backgrounds. Therefore, I believe it is important to all concerned that there is evidence of diversity, in terms of race and gender, of any class counsel I
appoint.”

I am not aware of any existing law which mandates the race, gender, ethnicity or sexual orientation of the lawyers who practice before the bar. In fact, bar associations defend their turf with great ferocity, lest some lesser qualified person interfere with the administration of justice.

Bad judicial behavior can be recognized and remedied …

I am not saying that the judge who issued the above rulings should be removed from office, but he should be placed on notice that the interference of political correctness with the administration of the law will not be tolerated.

And for specific instances where great damage has been done to the American people by judges, it is suggested that they be brought before the House of Representatives and promptly be impeached. Or, hopefully, resign their position prior to impeachment.

“A [federal] judge may be impeached by a simple majority of the House of Representatives and removed from office if convicted by a vote of two-thirds of the Senate at a special trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official. Judges cannot be removed from office simply because someone doesn't like their rulings or ideology.”

“Article III, Section 1 states that judges of Article III courts shall hold their offices ‘during good behavior.’ The phrase ‘good behavior’ has been interpreted by the courts to equate to the same level of seriousness ‘high crimes and misdemeanors’ encompasses.”

“In addition, any federal judge may be prosecuted in the criminal courts for criminal activity. If found guilty of a crime in a US District Court, the justice would face the same type of sentencing any other criminal defendant would.”  (Source)

Bottom line …

We are rapidly approaching the point where federal judges. as well as lesser judges, are becoming a law unto themselves; and in such a manner as to impose judicial tyranny upon the citizens of the United States.

Wacky rulings where the law is misinterpreted or simply made up from whole cloth. Where freedoms of mankind are being abridged and abrogated by judicial fiat; especially in favor of non-human species. 

Our own laws are being used against us to allow those who do not wish the United States well to control our institutions, our environment and our freedoms to further their own Marxist goals of population control, de-industrialization, wealth re-distribution and to penalize individualism while rewarding unexceptionalism.

It is time Congress, responsible to “we the people” start considering the enactment of the  necessary and proper legislation permitting the easier removal of  judges upon a finding of mis-behavior (on in the words of our founding fathers, mis-demeanor) in the ordinary courts of law.

Should a judge who repetitively and knowingly accepts blatantly biased or unsupported scientific evidence to support a ruling which results in wholesale damage to a region of the United States and causes widespread suffering of the people therein, be subject to the same sanctions of increasing severity, including the possible removal for behavior antithetical to good public policy, as those faced by public officials who perform egregious acts?

If the judiciary will not police itself, then “we the people” must look to other venues to address our grievances.

Perhaps we should give more scrutiny to the direct election of judges and certainly more scrutiny to those candidates who nominate and confirm higher level judges.

We are rapidly losing our country to corrupt politicians in the Congress and the executive branch, supported by rulings from an overly active judiciary. This must be stopped by first voting for honest brokers to serve we the people and then by requiring them to take further action on our behalf.

It’s not too late to start the process. With only days remaining to the November election, I suggest you vet the candidates for political office, including judges, carefully. Unfortunately, the mainstream media has compromised their journalistic integrity and may be of little or no help in presenting the background facts that are needed to make an informed decision.

Vote – and take your friends with you.

-- steve

Reference Links …

Convictions, Not Justice, Sought by Federal Prosecutors

From current events ...

“A New Orleans-area federal judge is currently fighting possible impeachment in Congress.”

“The charges stem from allegations that G. Thomas Porteous, a judge of the Eastern District Court of Louisiana, committed perjury to obscure gifts he received from litigants.”

“If the Senate Impeachment Trial Committee finds Porteous guilty of the bribery and perjury charges,  he will be the eighth federal judge removed from office.”