Judicialactivism
D. Horowitz: Judiciary Seizing Control Of Immigration Policy. Three Ways To Keep Americans Empowered.
Thumb patrick cleburne
February 05, 2017, 04:43 PM
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H/T Pic Outside the Beltway

Yesterday in D. Horowitz: Courts Concocting “Affirmative Right To Immigrate” – Remove Jurisdiction, Congress! I applauded Daniel Horowitz’ analysis of the threat to the American polity comprised by the judicial response to the Trump immigration orders as of the beginning of last week.

Today, after the Treason Lobby finally found, in Seattle’s Judge Robart, a Kritarch arrogant enough to attempt a full scale judicial coup d’état against the President, Horowitz has further considered the situation in Rogue judges undermine our sovereignty. Here's how Congress can stop them Conservative Review February 05 2017

Horowitz makes six points and offers a conclusion. I am going to take these out of order.

…this judge openly violated the Constitution and made no effort to respect the law. He threw out the sovereignty of a nation without addressing a single statute, constitutional clause, and 200 years of the most settled case law, permitting Congress and the president to exclude entire classes of immigrants in a much more sweeping policy than what Trump enacted…

By issuing this ruling, Judge Robart and several others are not only overturning Trump’s executive order, but they are also saying that even if Congress were to pass a similar law it would be unconstitutional

…if the courts are not stripped of their ill-gotten jurisdiction over immigration, the ACLU and the far Left will be able to shop around for any number of extremely liberal judges to place a national injunction on any enforcement act, even related to illegal immigrants.

This is very dangerous and demonstrates why Congress must take away this power from the courts (a power courts themselves said for 200 years they never had).  If they don’t, all the Left needs to do is take any immigration enforcement action to the Ninth Circuit and secure a nationwide injunction.

(VDARE.com emphasis)

Discussing the general problem of a politicized Judiciary Horowitz observes
I wrote a book last year warning that if Congress fails to strip the courts of jurisdiction over immigration, radical judges will give affirmative immigration rights to foreign nationals
and adds
...in my manifesto on why the courts are irremediably broken, I note that while Republican judges adhere to bad precedent of the Left, liberal judges are willing to throw out 200 years of settled law.
Horowitz offers three counterstrokes
  • Congress must use its Article III Sec. II power and immediately move to strip lower courts of jurisdiction to grant rights to any foreign national to enter or remain in the country against the law unless statute explicitly preempts the president’s action.
  • Congress, which has complete control over the administrative procedures of the courts, could prevent lower courts from issuing nationwide injunctions against immigration enforcement acts outside of their respective districts and circuits
  • Finally, the House should bring articles of impeachment against Judge Robart (and others) and finally make an example of these rogue judges
VDARE.com of course, has long seen Impeachment as an indispensable political tool.

Daniel Horowitz concludes

We are not debating immigration policy here; we are debating whether we are a nation at all.
This is no less than the truth. If Robarts and the Left Nomenklatura get away with this, they will have seized the power to dictate all immigration policy – as Horowitz says, Acts of Congress will be unhesitatingly overthrown with vague references to “Constitutional Principals". Think about it.

And in my opinion Free Speech will not survive either.