It’s Time For SCOTUS To Hold Rogue Judges Accountable:
‘[The ruling] was a warning shot across the bows of judges making basically policy decisions in all of these cases,’ said Hans von Spakovsky.
The U.S. Supreme Court’s ruling last week in United States v. Skrmetti not only upheld the constitutionality of a Tennessee law that blocks the mutilation of children through the garbage science of “gender-affirming care,” it sent a clear message to rogue lower courts about the constitutional limits of the third branch.
But the message apparently was lost on Brian E. Murphy, a Biden-nominated U.S. District Court judge for the District of Massachusetts, who ignored the high court’s ruling Monday that allows the Trump Administration to continue deportations.
‘It Is Not Up To The Court’
As my Federalist colleague Shawn Fleetwood reported, the Skrmetti case stems from a lawsuit filed by the leftist American Civil Liberties Union, joined by President Joe Biden’s Department of Justice. The ACLU claimed the law violated the 14th Amendment’s equal protection clause because it didn’t allow health care providers to conduct harmful “trans” procedures on minors.
Chief Justice John Roberts wrote the 6-3 majority opinion (with the court’s liberal wing dissenting), reiterating what should be clear to a judicial system bound by co-equal branches of government.
“The Court’s role is not ‘to judge the wisdom, fairness, or logic’ of” the Volunteer State’s law, Roberts warned. While the decision dispatched the faulty claim of a due process violation, the broader message could not be missed by even the most obtuse federal judges leading the left’s “resistance” movement against President Donald Trump’s agenda.
Constitutional law expert Hans von Spakovsky said the message should be crystal clear. He pointed to the late Justice Antonin Scalia who, in his inimitable way, advised that legislatures do stupid things — and they’re allowed.
“Dare to think this: It is entirely possible for a law to be really, really stupid and yet be constitutional,” the legendary textualist said during a 2013 lecture at Tufts. “It is not up to the Court to run the country by holding as unconstitutional not only those things the Constitution pronounces to be unconstitutional, but those things it thinks ought to be unconstitutional.”
Spakovsky, Senior Legal Fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, said the court’s Skrmetti ruling “spoke to what is going on in the court system.”
“That part of the decision was a warning shot across the bows of judges making basically policy decisions in all of these cases,” he told me last week on the Dan O’Donnell Show on WISN in Milwaukee.
‘Errant, Rogue Judges’ --->READ MORE HERE
Rogue Federal Judge Openly Defies Supreme Court Ruling On Deportation Of Violent Criminal Illegals:
A federal judge issued an order late Monday night claiming an earlier ruling from the Supreme Court that permitted deportations to continue is irrelevant.
Six months after Judge Brian E. Murphy was nominated by then-President Joe Biden and confirmed by the Senate during the last few weeks of Democrats’ control, he issued an order stating “The Court’s May 21, 2025 Order on Remedy remains in full force and effect, notwithstanding today’s stay of the Preliminary Injunction. The District Court’s remedial orders [were] not properly before the [Supreme] Court because the Government has not appealed them, or sought a stay pending a forthcoming appeal.”
The rogue ruling came just hours after the Supreme Court agreed 6-3 that the Trump administration, at least temporarily, can deport illegal aliens convicted of violent crimes to “third countries.” Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan dissented. The decision means the administration could resume the deportations of illegal aliens to countries other than their native land. The Trump administration previously had to permit each violent illegal alien to challenge the deportation under a prior ruling Murphy issued.
The administration sought a stay on Murphy’s order that instructed the administration “to keep in U.S. custody all migrants slated for deportation to a country not ‘explicitly’ named in their removal orders — known as a third-country deportation,” as noted by Fox News. --->READ MORE HERE
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