President Trump is considering breaking up the 9th Circuit Court after a federal district court judge in its jurisdiction blocked his order to withhold funding from “sanctuary cities.”
In a Wednesday interview with the Washington Examiner, Trump said “there are many people who want to break up the 9th Circuit. It’s outrageous.”
In the interview, Trump accused liberals of “judge-shopping” for a court that would strike down his executive order.
“I mean, the language on the ban, it reads so easy that a reasonably good student in the first grade will fully understand it. And they don’t even mention the words in their rejection on the ban,” Trump said.
Trump claimed the court oversteps its authority and that his opponents “immediately run” to the court for “semi-automatic” rulings.
Can President Trump really break up the 9th circuit court? Darned right he can. As posted here in February:
The Senate and House could both simultaneously pass a bill to Abolish the 9th Circuit. Then send the Abolishment Bill to Trump and he can sign it.
That day the 9th Circuit Court will be gone, and the judges will no longer have a court to preside over, making them “retired”.
That would put an end to the “Judicial Legislation” the 9th is famous for, and warn other Judges that their political actions can and will have political consequences.
The Executive and Legislature could then create several new circuit courts with all new judges of their choosing. As the man once said, “Elections have consequences”.
There is well established precedent for this, just ask Newt Gingrich.
At a 2011 GOP debate in Sioux City, Iowa, Fox News moderator Megyn Kelly noted that at least two conservative former attorneys general had blasted Gingrich’s “dangerous” and “totally irresponsible” plan because it would alter the balance of powers.
“It alters the balance because the courts have become grotesquely dictatorial, far too powerful,” Gingrich admitted. “I’ve been working on this project since 2002 when the Ninth Circuit court said that ‘one nation under God’ is unconstitutional in the Pledge of Allegiance. And I decided that if you had judges that were so radically anti-American that they thought ‘one nation under God’ was wrong, they shouldn’t be on the court.”
“Like Jefferson, Jackson, Lincoln and FDR, I would be prepared to take on the judiciary if, in fact, it did not restrict what it was doing,” he added.
As for those conservative former attorneys general, Gingrich wanted to know if they had studied “Jefferson, who in 1802 abolished 18 out of 35 federal judges?”
“I would suggest to you, actually as a historian, I may understand this better than lawyers, and as lawyers, those two attorneys general are behaving exactly like law schools which have overly empowered lawyers that they can dictate to the rest of us,” he insisted.
See Newt’s video from 2011 at the link: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
An idea whose time has come in my opinion.
Read the historical precedent here: Judiciary Act of 1802 | United States law | Britannica.com
Update: Here’s the interview Exclusive interview: Trump ‘absolutely’ looking at breaking up 9th Circuit