Much of the work of the Trump administration was undone by radical federal judges. And the administration conducted prolonged challenges, but no matter how blatantly illegal the order was, never stood up to it.
Even the census ruling, a blatant senseless absurdity which somehow found that the census couldn’t include a question that had been there in the past because Chief Justice Roberts was due at a progressive cocktail party was obediently complied with.
Montana however shows what it’s like to go Andrew Jackson on the system.
Just hours after a Montana judge blocked health officials from enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate, the Republican-run state on Thursday said it would defy the order.
District Court Judge Michael Moses chided attorneys for the state during a hearing in Billings for circumventing his April order that temporarily blocked a 2021 Montana law that made it harder to change birth certificates.
Moses said there was no question that state officials violated his earlier order by creating the new rule. Moses said his order reinstates a 2017 Department of Public Health and Human Services rule that allowed people to update the gender on their birth certificate by filing an affidavit with the department.
However, the state said it would disregard the ruling.
“The Department thoroughly evaluated the judge’s vague April 2022 decision and crafted our final rule to be consistent with the decision. It’s unfortunate that the judge’s ruling today does not square with his vague April decision,” said Charlie Brereton, director of the Department of Public Health and Human Services.
Brereton said the agency was keeping the rule it issued last week in place and an agency spokesperson said the department is waiting to see the judge’s written order before considering its next steps.
Such open defiance of judge’s order is very unusual from a government agency, said Carl Tobias, a former University of Montana Law School professor now at the University of Richmond. When officials disagree with a ruling, the typical response is to appeal to a higher court, he said.
“Appeal is what you contemplate — not that you can nullify a judge’s orders. Otherwise, people just wouldn’t obey the law,” Tobias said. “The system can’t work that way.”′
The “law” isn’t what a judge or a king says it is. It’s what elected officials representing the people say that it is. The role of judges is to implement those laws, not to make them.
It’s refreshing to see the cult of judicial supremacism, the one rejected by Thomas Jefferson and Abraham Lincoln being defied. We are a nation of the people by the people, not a “nation of laws”.
Rome, King George III’s regime and Nazi Germany were nations of laws. What made America unique was that its laws limited government authority and made government subject to the people rather than the other way around.
Montana’s legislature represents the people. Judge Moses does not. It’s un-American to argue otherwise.
Where do district judges get the authority to overrule legislators? It seems any two-bit local judge in the country can abrogate acts passed by elected legislators.
Leftist judges all consider themselves on the Supreme Court.They assume the power of the higher courts and hope no one challenges them. They get by with it more often than not.
Everything the left does is based in what they see as their right to assumptive power..
Upvote
Clever way to upvote somebody.
Yeah, Judicial fraud and judge shopping are the Democrats favorite tactics..
Good point about Nazi Germany being a nation of laws. Probably most people don’t know that.
They’ve apparently got some kind of insider racket going where they can shop for and get the “right” judges to hear their case. I have no idea how it works, but the defiance of probability tells me it’s there. It should be looked into, but I guess “conservative,” leaders are too busy with their collegiality, perks, privileges, and graft.
Yeah, somehow the “right” people always end up being judges, at least in the SF Bay Area. I knew some of them growing up.
Good insight.
*Upvote.*
Some judges get elected, but most get appointed. Most elected judges feel the heat from the electorate. The appointed judges serve the tautology of their ideology. In the case of leftist judges it is the tautology of totalitarianism,
Good for Montana!
The next step they need to take is to arrest the tyrant, and drop him off at the state line, with the threat of sever consequences should be ever set foot in the state again!
Another argument we can rightly raise is that it is sex listed on birth certificates, not gender. They themselves say gender is a social construct, but sex is biological to the genetic level. “Follow the science,” right?
Even if the technology developes where a mDNA shot can change the Xs to Ys or the Ys to Xs, what sex one is born as is true to a birth certificate.
Do they really agree that sex is a biological fact? I thought they were too prissy to use the word “sex” and so substitute “gender” (ridiculous), and that it’s all a free-floating, up-for-grabs entity.
Exactly.
When judges think of themselves as super legislators. They lose all their credibility and power, hence society became lawless and all laws became irrelevant. Judges have no right to override the will of the people. Unless violate the constitution. Even then people have the right to change the constitution.
True. But once you put a silk robe on a man he thinks he’s one of the imperial Byzantine functionaries (all eunuchs, an interesting thought) sweeping around the halls of power in that robe and making proclamations.
“All eunuchs.” LOL.
The state legislatures, including the U.S. House and Senate, need to actively impeach some of these judges for not following the state and national constitution.
Impeach as many as it takes to get the remainder to toe the line.
Impeachment is an unused tool to bring the judiciary into line.
I would be more concerned about Justice Thomas or Alito being impeached than some of these two-bit lower-court tyrants. The left will use whatever tools we call their attention to.
Yeah, the RINOs are useless when it comes to this, along with everything else.