The below was published as a letter to the editor in the March 22 edition of the Sheridan Press. It is reprinted here with permission of the author. For further discussion of this topic, we recommend viewing this video by Mark Levin.
Many Americans have heard of jury nullification. Now we’re seeing a new phenomenon I call judicial nullification with many judges issuing rulings violating the separation of powers specified in the Constitution. We’ve seen over 100 such rulings just since January.
Section 50 of U.S. Code includes provisions related to national security, including responses to actions that could threaten the nation's security. President Trump has officially declared Tren de Aragua and MS-13 gangsters as foreign terrorist threats and is well within his presidential powers to deport them. A judge is blocking that.
Several district court judges have issued Temporary Restraining Orders (TROs) — short-term roadblocks to various government actions. The next step in this lawfare will likely be the issuance of longer term preliminary injunctions by forum-shopped, activist judges.
By blocking deportations of illegal alien thugs and interfering with other actions of executive branch agencies such as reigning in billions of dollars of out-of-control, wasteful federal spending, these leftwing judges are threatening our physical and fiscal security. This is proof of the veracity of a very old adage coined 175 years ago by the French economist and writer Frederic Bastiat: “When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.”
Impeachment of such judges is not the answer since the ultimate penalty (removal from office) is impossible since that requires 67 votes in the Senate — a threshold no longer attainable.
I believe the only solution to this mess is for the Trump Administration to petition the U.S. Supreme Court requesting a blanket ruling prohibiting federal district court judges from making nationwide rulings in clear violation of the constitutional doctrine of the separation of powers.
So, how serious is this matter? The late Supreme Court justice Antonin Scalia noted that the Bill of Rights isn’t the feature of our system which maximizes the protection Americans enjoy from heavy-handed government. Rather, it is the unique system of checks and balances built into our Constitution. And this feature requires the independence of the three branches of government. If the federal judiciary is permitted to block the lawful plenary powers of a co-equal branch of government, our protections go out the window and we become subjects rather than citizens. That’s how serious this matter is.
Charles Cole - Sheridan