Let me say that this rant was inspired by my response to a text from one of you today. During my response it occurred to me that the Supremes will step in and at least curb to some extent the power of district courts to issue nationwide injunctions. And I haven’t seen it anywhere else so I thought it best to do it before it occurs to someone else.
Now those of you who have followed me know that I am no fan of Chief Justice Roberts. I should correct my comments referring to him as an idiot because from all sources I have seen he is intelligent but he is not wise. He’s the consummate institutionalist. His entire career is protecting the judicial system from criticism. He doesn’t care what the law or the Constitution would dictate. His only concern is how will the decision help to give acceptance to the court. For example in the Obamacare decision he invented the mandate is really a tax subterfuge to save it because he was concerned that ruling otherwise would lead to riots in the streets and diminish the standing of the court in the eyes of the public.
In the Dobbs case overturning Roe, he joined the majority knowing he would be in the wrong side if he didn’t because there were 5 votes without him. But if I remember correctly, he joined in the decision but in a separate opinion would have preferred that the court uphold the Mississippi law without the need to overturn Roe.
His recent mouthing of anti impeachment rhetoric for judges is just more evidence of his preference for protection of the institution over the law.
Okay how does this come together for this rant? I predict that he will get the Supremes to reduce the jurisdiction of the district courts, as little as possible. Not because he wants to but because there are now several bills in the House and the Senate to do just that and he’s scared to death that he might preside over a judiciary that was diminished. He’s afraid that Congress might wake up to their constitutional authority and quit blindly deferring to the Court. Jim Jordan announced that they will hold hearings next week into these rogue decisions and may subpoena the judges themselves. How much would you like to see Senator John Kennedy question these activists if the senate held hearings?
And I saw today that someone came up with an even more interesting way to get a bill through the Senate and avoiding a filibuster. Attach it to a bill funding the judiciary! It would only require a simple majority in the Senate.