It seems that since the administration of PRESJC-39 (James Earl Carter, D, Georgia) congressional action has been permitted to nominate to the federal district courts more than twice the number of judges that had been serving prior to Carter’s being in office. Somewhere in his early days in office, a cry arose that the federal district judges were swamped with cases and overworked.
The total Democrat majority in Congress obediently and promptly passed legislation to double the number of seats. Thus, Carter was able to nominate a number equivalent to the total number of judges before, plus whatever number of seats were, or became, vacant, and in lock-step, the Senate Democrat majority did not refuse even one.
While not every one by name and background was made known to me, those that I knew, had an attitude of “ignore the Constitution and rule according to personal bias.” History has indicated that all were. That was the beginning of the serious problems stemming from the decisions being handed down. Since the district appellate courts were included in the increase, the misguided decisions were upheld when appealed to them. Those of us of adult age during that election of 1976 well remember the weak campaign waged by PRESGF-38, R, who as vice president had served out the remaining term of PRESRN-37 who resigned because of a massive attack on him by Democrats and media over a break-in to one of their offices.
A recent example of such a “judicial bias” ruling appeared in the daily paper here on July 25. The headline read “Judge blocks Trump asylum restrictions.” Reporting credit was given to Amy Taxin and Ashraf Khalil of the Associated Press. It stated that a ruling by “U. S. District Judge Jon Tiger in San Francisco (Thank you for that information) came down hours after another federal judge in Washington, D.C., let the 9-day-old policy stand.” Four paragraphs farther down in the story it was reported that “Tiger, who was appointed by former President Barack Obama, halted another Trump policy last year to deny asylum to people who crossed the border illegally.” It seems to me that Judge Tiger is a prime example of legislating from the bench. This, in my opinion, should call for immediate congressional investigation toward his impeachment. So, members in control of the House are showing their own bias by ignoring the judges’ decision and taking no action, to the detriment of our nation and our population.
Since that time, there have been far too many decisions, with the effect of establishing law (handed down and accepted by the appellate courts, and in some cases the Supreme Court) that to thinking and knowledgeable citizens went contrary to the “law of the land” established by the Constitution. These have twisted the meaning of the term “constitutional” and had adverse effect on our God-given freedoms and rights. Even Madam Justice Ginsberg has been reported by media to have stated, in a speech to an international meeting, that she more often uses “international law rather than the Constitution” in arriving at decisions.
In normal and proper actions, such decisions would have caused impeachment charges to have been brought to such offending jurists, and it is the constitutional duty of Congress to do so. But it has not happened because of the almost continual Democrat majority there, especially in the House. Since it takes a 2/3 majority in the Senate to rule an impeachment accomplished, the votes have not been gathered in the House.
Happily, PRESDT-45 has been able to have two more logical judges appointed to the Supreme Court and a reported 197 to vacancies in district and appellate federal courts. Individuals who harbor strong bias, particularly on the Communist/Fascist/Socialist side, tend to not take retirement but to stay so long as they can.
Remember – federal judges at any level have an appointment for life, if they choose to remain. Also, the Constitution establishes the Supreme Court and allows Congress to establish lower courts, which it has done. It is considered possible that Madam Justice Ginsberg will choose retirement soon probably, in my opinion, after the 2020 election, in case a Democrat wins. In that case, we all will be in deep danger and trouble, except of course those who would become the rulers. Think about that.