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Op-ed views and opinions expressed are solely those of the author.
Socialists and the hard left in America are aggressively designing ways they can control the nation’s judicial court systems, in a covert, clandestine campaign to impose their politics and their will on the United States but trying to power their way into the Judicial Branch.
Immense amounts of money, from George Soros on down to local Marxists, have been spent over recent decades to buy the U.S. judicial systems at all levels. “Buying” includes putting leftist attorneys in charge of national and state bar associations and judicial systems, electing “living document” judges, and funding favorable outcomes for leftist causes in America’s courts.
This has resulted in courts and judges who can arrive at very dangerous decisions. And, it has produced judges who are trying to shape the law according to their personal beliefs. The result is that it has become relatively easy for lower courts to become politicized. In 2017, SCOTUS clearly rebuked two federal appeals courts that had mistakenly rendered anti-Trump decisions. The lower courts had ignored Supreme Court binding precedents and made partisan decisions.
Even though our three branches of government are theoretically co-equals, in practice and importance, the Founding Fathers considered the Judiciary a necessity but not as important as the Legislative and Executive branches. As a result, the Founders did not design the Judicial Branch to be the strongest branch.
But in more recent times, leftists and socialists found ways to politicize the court system, to threaten judicial independence, to use the courts as a political tool to neutralize those state legislatures and congresses that were controlled by elected conservatives. The left does this in myriad ways, such as threatening to “pack” the Supreme Court, intimidating and weaponizing the Federal Circuit Courts, demonizing judges who are members of the Federalist Society, and fighting against confirming judges who embrace constitutional originalism. The left tries to elect or appoint judges under their thumb who believe in a “living constitution”, and who use the power of the courts to legislate; they want judges who issue decisions that cancel anti-progressive laws passed by legislatures or that strike down adverse Executive Branch orders. They want judges who ignore the original intent of the very wise Founders.
The wayward advocates of a living constitution believe in decreeing laws that evolve with modern conditions. They fight to confirm new “progressive” rules issued by government bureaucrats and government agency “experts” who are guided by a devotion to principles of social justice that favor “victim groups” and “disadvantaged classes” of citizens. This is identity politics creating treacherous situations where “fairness” is applied to amorphous groups and not to individuals, especially when such fairness is determined not by the rule of law but defined by unelected bureaucrats and subjective judges.
However, as Justice Clarence Thomas said, if the Founders “had wanted a constitution that evolved by judicial ruling, they would have stuck with the … British constitution that governed the American colonists in just that way for 150 years before the Revolution.” But, instead, Americans selected a written constitution whose standards and meaning does not change with passing political fads and short-lived infatuations that should not be taken seriously. The legislative powers of Congress and the various state legislatures are responsible to make changes in laws that may be required to deal with changing times. Not the courts.
The political parties of the left are threatening the independence of the judiciary. The left wants the power to undermine any branch of government that refutes them, that stands in their way, but the framers of our Constitution knew that too much power accumulated by one group would destroy the balance of power that protects the framework of our republic. This separation of powers was put in place to control the reach of government to rule our lives– especially when times become uncivil, polarizing, or tumultuous.