On the Verge of Pandemic, Court Effectively Opens Border

from Conservative Review:

Border Patrol vehicle near fence

David McNew | Getty Images

Imagine you are a liberal judge on the federal bench. You know that the entire political system, which includes all three branches of government and both political parties, vests you with unlimited power to dictate policy with an injunction. Regardless of the law, Constitution, rules of standing for a judicial case, past and recent Supreme Court precedent, political fallout, or national security consequences, you can declare an opinion and have that policy unquestionably become “the law of the land.” Why wouldn’t you try your hand at being a judicial version of Kim Jong-un?

At some point, we should stop blaming the judges for legislating with impunity and start blaming the other branches for not only ceding that power, but actively giving effect to the judges’ usurpations of law.

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