David Rifkin, a senior fellow with the Foundation for the Defense of Democracies, who Lou Dobbs describes as “one of the smartest fellows in the country, joins him to discuss the two wildcat “so-called” judges who ruled against the second terrorist travel ban executive order. Mr. Rifkin is proof that being smart has nothing to do with your ability to coordinate your outfit for a television appearance.
Rifkin is asked for his thoughts, replying, “They’ve gone rogue, they ruled in a way that’s contrary to the Constitution, which gives the two political branches, acting jointly as is case here, nearly absolute authority in this area, but more importantly than that, they also have actually gone rogue vis-a-vis the Supreme Court. They have completely ignored a body of precedent at the Supreme Court level that make it abundantly clear that this executive order should have been upheld, frankly, the first executive order should have been upheld. They didn’t even try to explain away those precedents, they [sic] just absolutely unbelievable behavior.”
Dobbs addresses the five judges from the 9th Circuit Court that dissented from the view of their colleagues in stating that the original executive order was valid, legitimate and within the authority of the President and should have been upheld. Rifkin says the 9th Circuit is no longer functioning as a court but rather as an ideological body. He says the first ruling would have been overturned by the Supreme Court and the second one, if it ends up there, will likewise be overturned.”
Dobbs asks Rifkin if he concurs that there is a deep state operating within the judiciary. Rifkin agrees, saying, “It’s beyond sort of liberal judges voting their policy views and not the law. There is a view that I’ve heard expressed that there is such deep antipathy towards Trump on the part of some judges that basically is the coming of a Trump only approach. So for example, all other presidents exercise the same authority, very similar to this executive order, that’s fine; but not Trump. Nothing that Trump does merits judicial approval.”
He adds, “And it’s a very dangerous approach, because look, the framers would tell you the judges are supposed to exercise not will, but judgment. And this is absolutely, profoundly non-judicial.” Dobbs asks what can be done about it, “can they be impeached, can they be removed and why isn’t the ABA speaking out.
Rifkin dismisses the ABA as a very liberal organization. He says “I wouldn’t impeach them,” suggesting it would be enough to be rebuked by the Supreme Court.
Maybe Dobbs was a little overly generous with his praise of Rifkin. Sometimes when someone messes up they need to lose their job. These to fit into that category and they shouldn’t ever hold similar positions again. By not impeaching them they remain on the bench and are free to impose their perverted “justice” on others who don’t have the notoriety or the deep finances of the Trump administration to fight back.
They both deserve to be immediately suspended from making any decisions and impeachment proceedings begun. We can’t allow the plague of rogue judges to continue to debase our nation and our judicial system nor should we. They should be impeached and any others like them. That will go a long way to reeling in this kind of scandalous behavior. Leaving them in place will only encourage more of the same.
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