Ethics Quote of the Month: Ninth Circuit Judge Kenneth K. Lee

“District courts cannot stand athwart, yelling ‘stop’ just because they genuinely believe they are the last refuge against policies that they deem to be deeply unwise.”

—Judge Kenneth K. Lee of the Ninth Circuit Court of Appeals, writing  separately as a panel overruled a district court and held that the President had the power to suspend the Refugee Admissions Program.

Of course he did. The law and Constitution is clear on that point, but a woke District Court halted the President’s decision anyway. This was unethical as well as illegal, but, as Prof. Josh Blackman writes,

“President Trump is back in office, progressives still challenge virtually every action he takes, and judges in blue states continue to grant relief. No surprise there. But there is a new dynamic. Now, not only are lower court judges resisting the President, but they are also resisting the Supreme Court. In August, Justice Neil Gorsuch rebuked an attempted . Judge Brian Murphy of the District of Massachusetts managed to get reversed twice by the Supreme Court in the same case. “When this Court issues a decision,” Gorsuch wrote, “it constitutes a precedent that commands respect in lower courts.” Gorsuch added that “[t]his Court’s precedents, however, cannot be so easily circumvented.” 

Remember, it is Trump’s opponents who keep accusing him of breaching “democratic norms,” yet the Axis of Unethical Conduct ( the “resistance,” Democrats and the media that carries on their propaganda) is literally defying the greatest democratic norm of all, the Constitution. Blackman calls this attempted usurpation of power by activist, partisan judges “judicial resistance,” in other words, an abuse of judicial power for partisan objectives. It is—this is me and not the professor saying this—grounds for impeachment. President Trump is not exceeding his Presidential authority as the Trump Deranged scream, but rather the judges and courts that are interfering in the Constitutional hierarchy. Unethical, you think? Damn right.

Blackman:

3 thoughts on “Ethics Quote of the Month: Ninth Circuit Judge Kenneth K. Lee

  1. Are we in danger of a break in the judiciary? If the lower courts keep ignoring the precedents set by the higher courts, why should anyone listen to the lower courts? If some entity, like the President, takes the step to ignore the lower court injunctions instead of litigating the same issue yet again, does that not cross a line from which there is no coming back? Suddenly the judiciary is without fangs because it speaks, but no one listens?

  2. “Yet somehow,” Blackman observes, “everything has gone topsy-turvy. Under the new order of operations, the President takes an action, states bring a lawsuit, a district court judge decides whether the policy goes into effect, and then two or three members of the Supreme Court promptly settle the issue with near finality.”

    And Democrats and their allies in the news media, et al, loudly undermine the legitimacy of the Supreme Court: “Trump’s Court”, “Conservative-Majority Court”

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