Democrats crown judges while crying about kings



“In America, we don’t do kings.” That was the message of the leftist protesters who swarmed the streets nationwide on June 14 in opposition to President Donald Trump and his agenda.

“Trump must go now!” they chanted, waving signs that likened the president to a dictator and U.S. Immigration and Customs Enforcement agents to his “Gestapo.” Their complaint was alleged despotism. But if Democrats really opposed authoritarianism, they wouldn’t be celebrating its emergence in the courts.

There are no kings in the United States — just a bunch of black-robed activists who seem to have forgotten the difference between ‘Your Honor’ and ‘Your Majesty.’

When U.S. District Judge Indira Talwani brazenly overstepped her authority on July 7 to block Congress from stripping Planned Parenthood’s Medicaid funding through the budget reconciliation bill — a clear usurpation of the legislative branch’s power of the purse — the response from the left wasn't outrage. It was praise.

"Good," Senate Minority Leader Chuck Schumer (D-N.Y.) wrote on X. “Democrats will never stop fighting this backdoor abortion ban from the Republicans.”

— (@)

Schumer’s apparent admission that Medicaid funds abortions aside, his comments also belie his party's disingenuous indignation over supposed federal overreach.

Judges above the law

That selective outrage was on full display in April amid the arrest of a Wisconsin judge for allegedly escorting Eduardo Flores-Ruiz — an illegal immigrant who had previously been deported — out the back jury door of her courtroom to help him evade federal immigration authorities.

The ICE agents in question had a valid administrative warrant for Flores-Ruiz’s arrest, yet leftists railed against efforts to hold Milwaukee County Circuit Judge Hannah Dugan to account for her alleged obstruction.

"By arresting a sitting judge over routine courthouse management, the Trump regime has signaled its eagerness to weaponize federal power against members of the judiciary who do not align with its political agenda,” writer Mitchell Sobieski fumed in a Milwaukee Independent op-ed.

If impeding federal law enforcement now qualifies as "routine courthouse management," that's a big problem.

Meanwhile, Milwaukee Mayor Cavalier Johnson, a Democrat, complained that the Trump administration was “scaring people” by enforcing federal immigration law.

“They’re scaring people in this community; they’re scaring people in immigrant communities all across the United States,” Johnson told reporters.

Never mind the law-abiding U.S. citizens who remain scared that their daughters, sisters, or mothers could be the next Laken Riley, Jocelyn Nungaray, or Rachel Morin — all victims of murderers in the country illegally.

Apparently, their fears are irrelevant.

As for Dugan, her claim that “judicial immunity” precludes her from being prosecuted for alleged obstruction of justice is as monarchical as it gets.

Judges are but one facet of the American justice system, and as Democrats loved reminding us all 15 minutes ago: “No one is above the law.”

Democrats love activist judges

Of course, Democrats’ lack of interest in reining in the judiciary is nothing new. After all, the Democratic Party has long relied on activist judges to impose its will on the American public.

With Roe v. Wade in 1973, liberals leveraged a sympathetic U.S. Supreme Court to force nearly a half-century of unregulated abortion onto a country that was — and still is — deeply divided on the procedure.

In 2015, leftists used the same playbook to mandate same-sex marriage nationwide via Obergefell v. Hodges.

In the age of Trump, however, judicial activism has become an even more flagrant problem.

Last year, then-candidate Trump was frequently forced to split his time between the campaign trail and the courtroom as he fended off contrived criminal indictments and lawsuits, nearly all of which were conveniently presided over by liberal judges.

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Liudmila Chernetska via iStock/Getty Images

At the same time, radical judges in Colorado and Illinois, along with Maine’s Democratic secretary of state, attempted to strip voters of their right to decide the presidential election by removing Trump’s name from the ballot.

Fortunately, the U.S. Supreme Court stepped in to quash that authoritarian plot. Unfortunately for the justices, it's a move they've had to repeat several times since the president’s inauguration in January.

In a line of cases challenging Trump’s policy pursuits, rogue district court judges have issued sweeping injunctions blocking him from implementing his agenda nationwide in cases without a class certification — a practice that the Supreme Court has lately admonished as “likely” judicial overreach.

Still, lower-court judges are finding other ways to overstep their authority. U.S. District Judge Brian Murphy, for example, appears to have decided that his court, not the nation's high court, reigns supreme in the land.

Monarchy reaches the highest court

Even after the U.S. Supreme Court lifted Murphy’s nationwide block on third-country deportations in June, Murphy continued to insist that the Trump administration allow six illegal immigrant defendants to challenge their removal before deporting them to a third-party country.

That move even rankled liberal Justice Elena Kagan, who had initially sided with Murphy.

“I do not see how a district court can compel compliance with an order that this Court has stayed,” Kagan wrote, concurring with the majority that the deportations could proceed.

Yet not even the top court is immune to political activism, it seems.

In her dissent from the court's ruling against blanket injunctions, Justice Ketanji Brown Jackson, a Joe Biden appointee, described the majority’s decision as “profoundly dangerous.” In her view, containing temporary judicial relief to those requesting it somehow grants the president “unchecked, arbitrary power” and “undermines our constitutional system.”

Jackson’s words were acrimonious enough that Justice Amy Coney Barrett included a stinging rebuke in the court’s ruling.

“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself,” Barrett wrote. “We observe only this: Justice Jackson decries an imperial executive while embracing an imperial judiciary.”

An imperial judiciary, indeed!

No, there are no kings in the United States — just a bunch of black-robed activists who seem to have forgotten the difference between “Your Honor” and “Your Majesty.”

This article was originally published by RealClearPolitics and made available via RealClearWire.

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Court rules Democratic Gov. Katie Hobbs broke the law in order to empower her henchmen



Just months after Republicans expressed concern over Arizona Gov. Katie Hobbs' apparent willingness to "circumvent the laws of this state, the Democratic governor realized their fears, violating the law and unilaterally appointing 13 of her henchmen to lead state agencies.

A judge said as much in his Wednesday ruling, indicating that when Hobbs failed to legally get her way, she elected instead to run roughshod over Arizona law.

Frustrated by checks and balances

By law, the governor's Cabinet nominees can only be appointed with the consent of the Republican-controlled Arizona Senate.

The Senate's Committee on Director Nominations, led by state Sen. Jake Hoffman (R) and established last year to "evaluate executive nominations," grilled 11 of Hobbs' 22 nominees, approved seven, and rejected a handful, including pandemic shutdown champion Theresa Cullen.

Hoffman indicated in February 2023, "Now, make no mistake, this is a check on executive authority, but that is exactly what the legislature is supposed to do," reported the Arizona Mirror.

'Hobbs is the only person to blame for her nominees struggling to succeed under actual due diligence.'

Unwilling to put up with scrutiny from a co-equal branch of government, Hobbs withdrew her agency director nominations last fall, including her partisan nominees for the Arizona Department of Economic Security, the Department of Child Safety, the Department of Housing, the Department of Gaming, and the Department of Administration.

Hoffman called the move a "temper tantrum," suggesting in a statement that "Hobbs is the only person to blame for her nominees struggling to succeed under actual due diligence."

Hobbs told the president of the Arizona Senate, Warren Petersen (R), in a Sept. 25, 2023, letter that it had "become apparent over the past nine months that the Senate's process for reviewing and confirming agency director nominees has devolved into a sad display of partisan obstructionism."

Hobbs accused Petersen and his peers of engaging in a "political circus" and demonstrating an unwillingness to "carry out a valid process."

The Democrat then proceeded to engage in an invalid process all her own.

Circumventing the law

Upon withdrawing her 13 nominees, Hobbs branded those lawmakers who would dare evaluate her nominees as "extremists" and noted on X that she aimed to "pursue other lawful means of ensuring the state government can work for Arizonans."

'This move by the Executive Branch showcases another prime example of an elected official who believes they're above the law.'

The Democratic governor proceeded to nominate Ben Henderson to serve as interim director of 12 of the 13 agencies at issue for the purpose of enabling herself to appoint the withdrawn nominees as executive deputy directors of the agencies. Hobbs then instructed Henderson to "ratify and confirm" the deputies prior to resigning as interim director for each agency.

Hobbs made her 13 appointments on Sept. 25, 2023, and all were installed as de facto agency heads.

Petersen, who ultimately sued Hobbs over the scheme, said in a statement, "This move by the Executive Branch showcases another prime example of an elected official who believes they're above the law and will go to extreme measures to bypass the requirements of the law when they don’t get their way," reported the Arizona Mirror.

'The Governor willfully circumvented that statutory process.'

Arizona Attorney General Kris Mayes (D) meanwhile defended Hobbs' play, stating that she was "well within her right to move forward with other legal means of keeping state government functioning and working for the people or Arizona."

"No law prohibits the Governor from withdrawing a person's nomination for an agency director and re-appointing him or her as a deputy director of that agency," added Mayes.

Judge Scott A. Blaney of the Maricopa County Superior Court was evidently of a different mind.

Hobbs violated Arizona law

In his Wednesday ruling, Judge Blaney reiterated that the law requires that the appointment of a director for each of the 13 agencies requires the consent of the state Senate — something Hobbs did not bother with.

"The Governor willfully circumvented that statutory process and eliminated the Legislative branch from its oversight role," wrote Blaney.

Blaney found that "these 'Executive Deputy Directors' are de facto directors — unilaterally appointed to their leadership positions without Senate oversight in violation of Arizona law."

The court acknowledged that the deputy directors enjoy "all the powers and authorities that the agencies' properly appointed directors would have," have identical reporting chains, and "serve as the leaders of their respective agencies indefinitely at the pleasure of the Governor."

Extra to acknowledging that the Democratic governor made a mockery of the law, Blaney declared that state law still requires the governor to fill the director position lawfully, meaning a return to the senatorial confirmation process.

A separate evidentiary hearing will be scheduled next month or in August to further address the matter of Hobbs' illegitimate agency directors.

State Sen. Hoffman said in a statement in the wake of Hobbs' judicial rebuke, "Today Judge Blaney correctly slapped Katie Hobbs' illegal attempt to circumvent the constitutional check and balance of the senate confirmation process."

"I look forward to continuing our confirmation hearings in the near future now that much needed clarity on the law has been provided by the courts to Hobbs and her staff," continued Hoffman. "If Katie wishes to continue her petulant insults against me and to play petty political games, so be it; but I'm going to continue faithfully fulfilling my duty to the people of this great state to ensure that we have a sane government that works for every Arizonan."

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