Josh Hammer
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Congress, Congress, which is currently governed by Republicans, last I checked, they have a ton of power, a ton of power to reign in the lower courts basically in any way possible there. These lower courts, Charlie, I clerked on one. I clerked on the Fifth Circuit based in New Orleans, Louisiana. All these lower courts actually don't even have to exist. They solely exist at Congress's discretion.
Congress, Congress, which is currently governed by Republicans, last I checked, they have a ton of power, a ton of power to reign in the lower courts basically in any way possible there. These lower courts, Charlie, I clerked on one. I clerked on the Fifth Circuit based in New Orleans, Louisiana. All these lower courts actually don't even have to exist. They solely exist at Congress's discretion.
The only court in America that has to exist is a Supreme Court there. They can also take very petty, retributive, punitive action, Congress, if they want to. So one kind of funny example that I like to use, if Congress wanted to say that you, Mr. Justice or Mr. Judge, are not allowed to use taxpayer dollars to dry clean your judicial robe just as a way to humiliate you or embarrass you,
The only court in America that has to exist is a Supreme Court there. They can also take very petty, retributive, punitive action, Congress, if they want to. So one kind of funny example that I like to use, if Congress wanted to say that you, Mr. Justice or Mr. Judge, are not allowed to use taxpayer dollars to dry clean your judicial robe just as a way to humiliate you or embarrass you,
They can do that. Congress has the ability to regulate the lower courts a lot. And frankly, I think it's about time that they do it. Judicial impeachment as well, I think, would be another very, very powerful tool. That day has probably come. We really should see those impeachment articles filed ASAP, I think, from Jim Jordan and House Judiciary.
They can do that. Congress has the ability to regulate the lower courts a lot. And frankly, I think it's about time that they do it. Judicial impeachment as well, I think, would be another very, very powerful tool. That day has probably come. We really should see those impeachment articles filed ASAP, I think, from Jim Jordan and House Judiciary.
Well, they would have to be convicted by the Senate. So that's, you know, therein lies the rub. Right. I mean, the votes may or may not be there in the Senate. I'm not going to confident confidently predict that the votes. would in fact be there. But at a bare minimum, I think it would be a serious black mark there. And, you know, look, judges are people that went to law school.
Well, they would have to be convicted by the Senate. So that's, you know, therein lies the rub. Right. I mean, the votes may or may not be there in the Senate. I'm not going to confident confidently predict that the votes. would in fact be there. But at a bare minimum, I think it would be a serious black mark there. And, you know, look, judges are people that went to law school.
They climbed through the ranks of the legal profession there. They do care about things like black marks. It is an actual kind of notch on the resume. Right.
They climbed through the ranks of the legal profession there. They do care about things like black marks. It is an actual kind of notch on the resume. Right.
So, I mean, even if it is purely symbolic, if it dies in the House, it is not even taken up by John Thune, although I think it probably would be taken up at least in the Senate there, you know, bring it to a vote at a bare minimum, get Democrats on the record.
So, I mean, even if it is purely symbolic, if it dies in the House, it is not even taken up by John Thune, although I think it probably would be taken up at least in the Senate there, you know, bring it to a vote at a bare minimum, get Democrats on the record.
At a bare minimum there, it would be at least a pretty sizable, symbolic shot across the bow against one of these activist left-wing lower court judges there. And it would be a nice civics lesson, frankly, for the American people as well.
At a bare minimum there, it would be at least a pretty sizable, symbolic shot across the bow against one of these activist left-wing lower court judges there. And it would be a nice civics lesson, frankly, for the American people as well.
So there's – I think it's in all three branches at once gang up on these rogue lower courts. So we can start with the United States Supreme Court itself, and then we'll kind of work our way backwards from Article 3 to Article 1, I suppose. So we'll start with Article 3 there.
So there's – I think it's in all three branches at once gang up on these rogue lower courts. So we can start with the United States Supreme Court itself, and then we'll kind of work our way backwards from Article 3 to Article 1, I suppose. So we'll start with Article 3 there.
So the easiest way to rein in lower court judges is for the United States Supreme Court to do so because the federal judiciary actually does work as a legitimate hierarchy where SCOTUS has the ability to do whatever it wants to in essentially its discretionary power – to overturn lower court judges that are running amok and have run amok.
So the easiest way to rein in lower court judges is for the United States Supreme Court to do so because the federal judiciary actually does work as a legitimate hierarchy where SCOTUS has the ability to do whatever it wants to in essentially its discretionary power – to overturn lower court judges that are running amok and have run amok.
So they can and they must take a direct challenge to the entire practice of a so-called nationwide injunction, and they should declare that that exceeds the judicial power of which Article III speaks. The Supreme Court should also expedite some of these other cases on the actual underlying substantive constitutional merits.
So they can and they must take a direct challenge to the entire practice of a so-called nationwide injunction, and they should declare that that exceeds the judicial power of which Article III speaks. The Supreme Court should also expedite some of these other cases on the actual underlying substantive constitutional merits.