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No Worries, They All Are Obama Judges — With a Touch of Clinton and Biden
Trump wants to send the National Guard into a city out of control, with anarchists setting fire to cars, smashing store windows, setting fires everywhere, and local judges supplied with stacks of “Get Out of Jail Free” cards. In the past, Eisenhower, Kennedy, and Lyndon Johnson sent in the National Guard and were praised as civil rights heroes. It goes to the courts because the city mayors and state governors do not want crime controlled if the images of their cities and states on fire will make Trump look weak. So they look for an Obama or Biden judge, like in Boston. The judges rule: Illegal! Unconstitutional! Fascist! (RELATED: The Eisenhower Precedent: Is Trump Justified in Deploying the National Guard to Chicago?)
He wants to impose tariffs. For decades since World War II, the whole world has played America for suckers and tariffed us. One-way tariffs. And tariffs come in many forms, some overt and some subtle. For example, a country may not compel an American manufacturer to pay a tariff surcharge outright but instead limit the amount of products it may sell abroad. Or it may force the Americans to take in a local partner to share in the profits. Or it may tinker with their local currency, making their products cheaper and ours more expensive. Or they may impose California-like restrictions on the products that make the American product non-compliant with that country’s cockamamie “environmental” rules. So Trump finally straightens out the playing field. He imposes tariffs.
The experts warned that Trump’s tariffs would cause prices to explode, setting off an unstoppable inflation. Foreign companies would increase their prices, forcing American consumers essentially to pay their tariffs for them. American companies would take advantage of those foreign price increases by increasing their own prices just to profit more. All a fair guess. But that has not happened so far. It turns out that the foreign companies have been cheating us so badly for so long that, even with the tariffs, they make plenty of profit and don’t want to upset the apple cart. So we have not had mega inflation so far anyway, but it turns out that the new tariffs will be bringing hundreds of millions of dollars into America’s coffers over the next decade, like a trillion. (RELATED: New Study Shows Trump Might Be Right on Tariffs)
Of course, if this great development came from Trump, it was going to be challenged in court before a hand-picked Obama judge or a newer Biden judge, ideally in Boston if not in San Francisco or thereabouts. Judgment rendered: Illegal! Unconstitutional! Fascist! (RELATED: Shooting Blanks From the Bench)
He hits racist and antisemitic universities, steeped in DEI and tricks to camouflage their DEI, and steeped in antisemitism and tricks to cover their antisemitism. He withholds federal grants, demands compliance with civil rights laws. They go to court and file before a Biden or Obama judge, ideally in Boston or San Francisco or thereabouts. The honorable judges contemplate and render judgment: Illegal! Unconstitutional! Fascist! (RELATED: DOJ Targets GWU, UCLA, Settles With Columbia and Brown for Antisemitism Claims)
Twice a week, or thrice — sometimes even quadrice — the day’s news includes a report of some Trump initiative stopped temporarily by a judge finding that his executive order is Illegal! Unconstitutional! Fascist!
This goes on and on and on. He tries to deport illegal aliens. The law explicitly says they do not belong here and may — and should — be expelled unless they follow specific steps aimed at proving to an immigration judge that they truly face persecution specifically based on one of five specific categories: race, religion, nationality, membership in a particular social group, or political opinion. Poverty is not enough. Being in a crime-ridden country, dominated by drug lords, does not fall into the list. The Democrats and their allies go to an Obama-Biden judge, the judge studies the matter, and rules: Illegal! Unconstitutional! Fascist!
Twice a week, or thrice — sometimes even quadrice — the day’s news includes a report of some Trump initiative stopped temporarily by a judge finding that his executive order is Illegal! Unconstitutional! Fascist! It is crazy.
The deeper shame of it is that a democracy depends on law and order, and on justice and equity (not “DEI Equity” but real equity of justice). It is a foundation of all civilization. The Bible commands it in an extraordinary linguistic format: “Tzedek, Tzedek Tirdof — Justice, Justice, Shall You Pursue.” Deuteronomy 16:20. The Bible expands and expounds:
“You shall appoint magistrates and officials for your tribes, in all the settlements that your G-d is giving you, and they shall govern the people with due justice. You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.” Id. 16:18-19.
Maybe it always has been this way, with judges (except for Sotomayor and Jackson) knowing the actual law very well but choosing, nevertheless, to contort the straightforward law into their personal value system. One can look back over the years and see that judges leaned as they did. The difference back then was — or seemingly was — that judges did their best to fit their predispositions into the law as it truly was. They pushed envelopes and their personal preferences came out, but there may have been a bit of honesty, too, where a judge essentially would say, “I know how I personally come out on this one, and I wish so hard I could rule my way. But, doggone it, the law is so clear to me that it goes the other way that I am stuck ruling against my preferences.”
I see that sometimes in Justice Amy Coney Barrett — even in Justices Brett Kavanaugh and Neil Gorsuch — who sometimes frustrate me enormously, and they obviously frustrate President Trump a million times more, but they seem to be trying to be truly honest and call it as it is. Fortunately, after some initially bumpy Barrett opinions, we are beginning to see that she fundamentally is a deep conservative and usually reads the law as conservatives typically do. By contrast, Sotomayor and Jackson are not of that ilk. They are fakers. (RELATED: Bolts From the Blue: Thomas Sowell and the Court)
Jackson is an outright cheater and liar. Come on, that’s not a political insult; it’s just what it is. She was asked to define the difference between a man and a woman, and she said she could not. She obviously was lying shamelessly in public. How was that not a lie? Biden named her because she was a woman and Black. Come on, everyone — on both sides — knows that. Of course, she knows what a woman is and how that differs from a man. But she lied in public, brazenly, and she then began a public career of lying on matters of the law. She sees a case, decides the DEI/Woke angle, and she barely even tries to make her opinion sound like she is basing it on precedent. Both she and Sotomayor are like that. I have often written in the past on these pages that Sotomayor’s academic record in law school was pathetic. She was not among the “Best and the Brightest” of our judiciary. This is not taking a potshot. It simply is. Professor Laurence Tribe of Harvard — an over-the-top woke leftist — wrote that in a letter to Obama: “Bluntly put, she’s not nearly as smart as she seems to think she is.” Case closed.
So we come back to the regular weekly, daily reports of Obama Judges, Biden Judges, and sometimes a Clinton Judge slamming down a Trump initiative as Illegal! Unconstitutional! Fascist! Whenever you read that Trump’s executive order has been stopped, copy and paste the judge’s name in the “news” article, and then Google that name with the word “Wikipedia” added (e.g., “Allison D. Burroughs Wikipedia”). Go into the judge’s Wikipedia page and scroll down to the section titled “Federal Judicial Service.” (The same section appears for all federal judges.) And there you will see something like: “On July 31, 2014, President Barack Obama nominated Burroughs to serve as a United States district judge of the United States District Court for the District of Massachusetts.” That’s all you need to know. Either the Obama Judge’s ruling will be reversed in three to six months by the circuit court of appeals or in six to nine months by the U.S. Supreme Court.
It happens over and over again. It is a game. It slows down the change the American people voted for, but as long as Trump acts fast and issues scores and scores of executive orders in his first months, the agenda will have smooth sailing for the next three years. The real trick will be to elect a MAGA successor for the next two terms, as happened when Ronald Reagan won two straight terms and then First Bush a term. It takes a dozen years — three consecutive terms — to clean up the mess, but that also means holding the Senate and being smart. Rule wisely. No “bridges to nowhere.” Keep the border tight. Keep the economy humming. Keep the social revolution on track with a return to normalcy, an end to government funding of “gender affirming care,” and teaching radical woke theory and sexual perversity to kids in school. Bush blew it, but Republicans today would not as readily nominate a McCain-Romney RINO as successor. There are so many good choices out there: JD Vance, Marco Rubio, Ted Cruz, Tom Cotton, Josh Hawley, many others. We have never had a bench like this, just in case there is no Trump 28. We know what the lower court Obama-Biden Judges would say to that, but…
READ MORE from Dov Fischer:
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