Editor’s Note: As expected, the Ninth Circus has ruled against the Trump administration on the Muslim ban. No one seriously expected any other result.
As Pat Buchanan points out here, the mainstream punditry is historically illiterate:
“As for Trump’s disparagement of the judges, only someone ignorant of history can view that as frightening.
Thomas Jefferson not only refused to enforce the Alien & Sedition Acts of President John Adams, his party impeached Supreme Court Justice Samuel Chase who had presided over one of the trials.
Jackson defied Chief Justice John Marshall’s prohibition against moving the Cherokees out of Georgia to west of the Mississippi, where, according to the Harvard resume of Sen. Warren, one of them bundled fruitfully with one of her ancestors, making her part Cherokee.
When Chief Justice Roger Taney declared that President Abraham Lincoln’s suspension of the writ of habeas corpus violated the Constitution, Lincoln considered sending U.S. troops to arrest the chief justice.
FDR proposed adding six justices to emasculate a Supreme Court of the “nine old men” he reviled for having declared some New Deal schemes unconstitutional.
President Eisenhower called his Supreme Court choices Earl Warren and William Brennan two of the “worst mistakes” he made as president. History bears Ike out. And here we come to the heart of the matter. …”
He always gets straight to the point:
“That a district judge would overrule the president of the United States on a matter of border security in wartime is absurd. …
Meanwhile, Trump’s White House should use the arrogant and incompetent conduct of these federal judges to make the case not only for creating a new Supreme Court, but for Congress to start using Article III, Section 2, of the Constitution–to restrict the jurisdiction of the Supreme Court, and to reclaim its stolen powers.
A clipping of the court’s wings is long overdue.”
If memory serves, Buchanan has been calling for this for well over a decade now.
Update: Buchanan addressed the matter in “The Abdication of Congress and the Rise of Judicial Dictatorship” in his 2004 book Where The Right Went Wrong.