My thoughts on the most recent judicial atrocities, over at PJMedia.
[Update later afternoon]
Some thoughts from Randy Barnett on “judicial restraint” and Republican judicial appointments.
I know it sounds crazy, but I want judges to follow the Constitution, not the tyrannical majority. I also want them to overturn crap decisions. Stare decisis my ass.
[Update a little while later]
Should we make Justices accountable to the voters?
It seems like a bad idea to me. I agree with Cruz’s diagnosis of the problem, but not his remedy. I think that one of the reasons that impeachment is so toothless is the original wording: “High Crimes and Misdemeanors.” The Founders had a very clear view of what that meant, but most people today do not, as we discovered during the Clinton impeachment trial. The only successful impeachments and removals I can think of occurred in the context of gross and blatant corruption (Alcee Hastings, who was later re-elected), or actual criminality. The other part of the problem is that, while they were adamantly opposed to political parties and made no Constitutional provision for them whatsoever, they perhaps didn’t anticipate how difficult they would make impeachment (even though court appointments are in theory non-partisan).
I think a better solution might be to amend the Constitution to simply modernize the grounds for impeachment. For instance, “…or, in violation of their oath of office, persistent indifference to the Constitution and the rule of law.”
Who could argue with that? It would be quite entertaining to watch Democrats attempt to argue that office holders shouldn’t have to uphold their oath of office. And if it passed, it would force impeachment trials to actual discuss those arcane concepts.
[Update a few minutes later]
This is sort of similar to proposals to rein in the government by adding the words “and this time we really mean it” to the 9th and 10th amendments against encroachments by the flawed interpretations of the Commerce Clause. It would be a “this time we really mean it” to simply following the Constitution and the rule of law.