Amy Coney BarrettFeaturedImpeachmentJohn RobertsJudicial ActivismLawfareSupreme CourtThe Current Crisis

This Mess Is of Your Own Making, Chief Justice Roberts – The American Spectator | USA News and PoliticsThe American Spectator

Several days back, when one of the near-countless cases of judicial overreach in which partisan Democrat operatives in black robes issued absurd orders delaying presidential orders involving immigration issues or spending reforms or other changes well within the sole purview of the executive branch made its way to the Supreme Court for review, this column discussed a piece by the Federalist’s John Daniel Davidson that shredded the Supreme Court’s Chief Justice John Roberts and Justice Amy Coney Barrett for siding with the Democrats.

After noting that for procedural reasons the specific case in question would likely still come out all right, I joined Davidson’s rejection of Roberts and Barrett. From that entry…

Still, this was a missed opportunity, and Davidson isn’t wrong in his fury over it. The correct ruling would have been a sharp rebuke of the district court on jurisdictional grounds and an unmistakable signal that these restraining orders are all null and void, and it’s time for the courts to stop granting them. It was an act of cowardice and dereliction by the constitutional court not to provide a clear statement of constitutional law when given an opportunity.

Do better, dammit.

Well, that was almost two weeks ago, and things have only gotten worse. The number of absurdly partisan judicial orders purporting to thwart the Trump administration’s executive actions — whether deporting illegal aliens, scrubbing the federal budget, laying off superfluous or unproductive federal employees, or other items that involve things purely within the purview of Article II powers under the Constitution — has only grown.

We’ve had a federal judge order President Trump to rehire 30,000 federal employees he laid off. We’ve had more than one order him to spend money which violated an executive order he’d given.

And over the weekend, one of the silliest and most corrupt judges in America, James Boasberg of the federal district court in Washington, D.C., actually ordered the Trump administration to turn planes around that were in the process of deporting Tren de Aragua gang members to a prison in El Salvador.

Let’s understand that Tren de Aragua, a violent Venezuelan gang that has wrought terror all over America since its members were allowed to infiltrate the country, run guns and drugs, and inflict general mayhem in our cities, has been designated as a foreign terrorist organization. As such, removing members of that gang illegally in the United States is a matter of presidential prerogative.

And, the friendly government of El Salvador, which has prison space available for hire at reasonable rates, has volunteered to house undesirables like Tren de Aragua members. Accordingly, the Trump administration is now flying planeloads of TDA gangsters there.

Oh, but no, said Obama-appointed judge James Boasberg, a partisan hack of the first order whose career highlights include being the federal judge who sprang obvious federal asset Ray Epps from any legal sanction from the latter’s recorded-on-video exhortations to Jan. 6 protesters to enter the U.S. Capitol trap. (RELATED: A Short History of Democratic Party Lawfare)

Boasberg, who fortuitously (or suspiciously) drew a case involving a suit by the ACLU and something called Democracy Forward, a lawfare entity created by the nefarious Trump-Russia hoaxmonger Marc Elias involving the Venezuelan gang and the deportations of its members, ordered a halt to the deportations after the planes had left U.S. airspace. (RELATED: How Democrat Lawfare Launched Trump’s Comeback)

It was one of the most absurd moments in American judicial history. For a fuller exposition of just how stupid this was, here was Trump White House Deputy Chief of Staff Stephen Miller educating an outmatched CNN anchor on the question on Monday…

Things haven’t cooled down any since Monday. Boasberg continues to make threatening mouse-that-roared noises against the administration…

A U.S. federal judge has questioned why the Trump administration failed to obey his order halting the deportations of alleged Venezuelan gang members.

James Boasberg, the top federal judge in Washington D.C., ordered deportation flights to be turned around on Saturday night.

White House officials argued in a court filing that they did not defy the ruling. The argued in part that because Boasberg’s order was made orally rather than in written form, it was not enforceable — and that the planes had already left the U.S. by the time it was issued.

Boasberg has ordered the administration to give further details about the deportations by noon (16:00 GMT) on Tuesday.

He has requested further details about the timing of the order under which the deportations occurred, as well as details about the flights themselves.

During a hearing on Monday, Boasberg said he clearly ordered the government to turn the planes around.

“You’re saying that you felt you could disregard it because it wasn’t in a written order?” he asked Department of Justice lawyers.

In the same hearing on Monday, the judge said he would not make another ruling in the case until a hearing scheduled for Friday.

In the meantime, government lawyers said that the deportations had been paused. The Trump administration also asked in a court motion that Boasberg be removed from the case.

…and this incurred Trump’s wrath…

…which led to Roberts putting out a rebuke of the president in a rather bizarre statement…

For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.

The normal appellate review process exists for that purpose.

That’s simply wrong, and suspiciously so.

Judicial impeachments are like the impeachments of any other officers of the federal government. There are no rules set in place for their use. Impeachment is a political remedy that can be for “high crimes and misdemeanors;” in other words, whatever Congress finds unacceptable.

And an order that the federal government import members of a designated foreign terrorist organization to American soil is perfectly well within that definition.

The filing of impeachment against Boasberg by some member of the House of Representatives is imminent as of this writing, though I couldn’t tell you who’ll be doing it.

And Roberts has nothing whatsoever he can say about that.

I’ve written this before, but John Roberts does an absolutely awful job of dispelling the rumors and belief that he’s compromised by some scandal or blackmail not yet known to the public. For a decade his rulings and statements have seemed to be more understandable viewed in such a light, and this looks very much to fit within that pattern.

It has also been said that Roberts and Boasberg are personal friends, which, were it to be the driver of that absurd and clearly wrong statement, could make some very disappointing sense.

As I said on X, I’ll take an optimistic view and intuit from his statement a signal of intent — namely, that when Roberts says the appellate process is the best vehicle to deal with abuses like Boasberg’s and the other usurpations of presidential power by district judges with a partisan axe to grind, he means that the Supreme Court will shortly dispose of this phenomenon by clarifying that a federal district judge has no power to stop the president of the United States from the lawful exercise of his core Article II powers and that none of these orders are binding against Trump.

Or at least something along those lines that dissolves the growing constitutional crisis that lawless black-robed usurpers like James Boasberg are creating.

From the beginning, this column has held that the President is not bound by a pipsqueak political activist judge at the district court level and that Trump should force those judges to get backing from the Supreme Court, the one empowered by the Constitution as an equal branch of government, in order to give weight to their rulings. It seems like that’s where we’re inevitably headed at this point.

Nobody voted for judicial supremacy, you know, and it certainly wasn’t the intent of our Founding Fathers.

But the coming showdown could easily have been averted two weeks ago, and Roberts and Barrett blew it. This is all Roberts’s fault. And he has absolutely no room to lecture anyone else about judicial impeachments.

Fix the problem, Mr. Chief Justice. Stop complaining about efforts to do it for you.

READ MORE from Scott McKay:

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Entitlement Fraud Is Now a Stated Aim of the Democrat Party

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