Wednesday, February 15, 2017

Does Congress not realize it has the complete power to rein in rogue courts?

By Daniel Horowitz | February 13, 2017

It became quite apparent after the Supreme Court redefined the building block of all civilization in Obergefell and lower courts began redefining sexuality itself, that nothing the courts do would serve as an inflection point — a moment of catharsis — for the Republican legal establishment. They suffer from the Stockholm Syndrome, seeking the love and approval of the judicial supremacists even as they intellectually decry the runaway courts. Now that the courts have unilaterally redefined our national sovereignty and have essentially mandated that we bring in an unlimited number of Islamist refugees, there is still no inspiration to act among the “right-leaning” legal elites..........

Let’s be clear: The lower federal courts don’t have to exist. Unlike the Supreme Court, whose appellate jurisdiction is granted by Congress, the entire structure of the lower courts is controlled by the legislative branch. If Congress wanted to abolish the lower courts overnight and reroute any litigation into state courts or make plaintiffs directly appeal to the Supreme Court (or any other newly-created panel), they have that authority.   See more

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