We have reached the point of personal ideology being a disqualification for office. Progressivism has long been subversive of the rule of law. One commentator of recent memory called the progressive’s “living constitution” an ongoing, never-ending constitutional convention. Jurists under its sway can make and enforce law at will. No longer content with simply applying the law in court cases, they’ll force us back into the jungle of the rule of men (or women, or . . .), and away from the rule of law. We don’t need any more judges as potentates. That means a healthy “No” to KBJ.
KBJ is an embodiment of the threat to our civilizational order. It’s more than her refusal to define a woman when asked. Some of her rulings are just way out there, as in contortions to ignore the restraints in the job description in order to achieve long-sought lefty ends. She’s more of a revolutionary than a judge.
One example of the radical’s monstrous rationale came to the fore in committee hearings considering her nomination. Sen. Grassley (R, Iowa) brought to light her ruling as a DC District Court judge in Make the Road New York v. McAleenan, (2019). She, with a stroke of her pen, made a ruling in violation of the law. At issue is the power of the AG or Secretary of Homeland Security (DHS) to exercise “unreviewable” (by the courts) discretion to determine the classes of aliens eligible for expedited removal from the country (Immigration and Naturalization Act, section 1225). So, what did she do? She went ahead and “reviewed” the DHS decision.
She tried to hang her hat on the Administrative Procedures Act (APA), as if it was the wormhole to make reviewable what was clearly not reviewable. So astounded was the normally liberal DC Circuit Court of Appeals that a panel of the Court reversed and admonished her by ruling that,
“There could hardly be a more definitive expression of congressional intent to leave the decision about the scope of expedited removal, within statutory bounds, to the Secretary’s independent judgment.”
She was so intent on bashing the Trump administration’s immigration policies that she violated the law when making a decision on the law. Try to make sense of that. Some could try, given that many are completely unaware that Article III of the Constitution gives to Congress the power to set the federal courts’ appellate jurisdiction. In other words, by statute, “unreviewable” means “unreviewable” by KBJ, et al.
The APA is not to be confused, as she apparently did, with the Constitution. This person is a radical, an unhinged progressive, or maybe even a revolutionary. As such, her nomination should be rejected, if not setting her to face impeachment.
RogerG