AG Sessions hints that anti-Trump biased judges could face calls for “Replacement.”

AG Sessions hints that anti-Trump biased judges could face calls for “Replacement.”

During an interview this week with The Washington Times, AG Jeff Sessions warned judicial activists blocking President Trump’s agenda based on ideology and disdain for the President to cool it or jeopardize their standings on the bench.  Session who issued the warning moments before his speech Monday at The Heritage Foundation believes, and he is not wrong, that anti-Trump resistance is playing a role in the decision of judges.

The actions of judges and the extent to which judicial activists will go to justify blocking the President’s agenda is not only an embarrassment but judicial overreach.  They must be reigned in.  The solution:  drain the swamp, correction judiciary. Impeach rogue judges.

…“I have to say I think some of it is,” he said. “I regret saying that, but I’m afraid it’s true in some of these cases and if so, it’s very wrong.”

He added that unfair intervention from judges has left the administration in legal tangles, forcing the president to fight senseless and distracting cases.

“He has monumental responsibilities and no court without serious cause should interrupt the function of government. It takes untold hours and time to deal with these things. It slows up multiple agencies of government,” the attorney general told The Times.

Judges have been divided in their approach to Mr. Trump.

Some have delved into his Twitter account or looked back at statements he made during the campaign, citing them as evidence that justifies halting policy decisions made by Cabinet secretaries elsewhere in government[…]

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During his speech, AG Sessions addressed the growing problem of judicial activism, corection encroachment.

“…It is of no moment whether a judge likes or dislikes a policy matter. Sometimes judges adopt the view that they can order some policy outcome since the politically accountable branches failed to act. Their failure to act is a policy decision, not a gap for the judiciary to fill.

When Congress rejects a proposed policy, a decision has been made—just as surely as when they pass a bill into law.  Courts have no right to impose the rejected choice.

Thus, federal district court judges are not empowered to fashion immigration policy, combat climate change, solve the opioid crisis, or run police departments.  The Legislative and Executive branches—of federal and state government—are the constitutionally authorized branches to do these things, and if these branches haven’t done so to the satisfaction of an unaccountable judge, it’s not because they need judicial expertise or advice.

Courts ignore…constitutional limits at their peril.  Executive branch decisions are by nature, political—that is, they decide hotly contested policy questions that are often subject to passionate debate.  This requires decisions on tough issues and in difficult circumstances.

People respect courts because they are seen as neutral, apolitical forums where rules and law reign.  Courtrooms are not legislative chambers, they are not bully pulpits.  The litigants, in the course of zealous advocacy, may give impassioned pleas, and even hurl an insult or two. 

But judges should maintain order, strive to adjudicate dispassionately, and avoid policymaking.

If they do not, then judges are fairly subject to the same criticism of other political leaders, and the same calls for their replacement.

All of us, in all three branches, must be vigilant to the Constitution’s design and to its most central feature: the separation of powers. That is what the American people rightly expect from those of us who inhabit the Executive, Legislative, and Judicial branches.”



You can view AG Sessions’ transcript in its entirety here, Attorney General Jeff Sessions Delivers Remarks to the Heritage Foundation on Judicial Encroachment.


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