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That a court with six Republican-appointed justices could hand down such a patently un-American decision is an indictment of America’s rogue legal system.
The Roberts Court just handed down a majority birthplace citizenship decision on the legal level of Dred Scott and Roe v. Wade. No judge who calls himself an originalist, textualist, or in any way claims dedication to American rule of law could support the 5-4 majority in Trump v. Barbara.As the dissents and much other scholarly work show plainly and definitively, the 14th Amendment simply does not say that anyone who happens to be born on U.S. soil thereby magically becomes a U.S. citizen. “Subject to the jurisdiction thereof” means “subject to the jurisdiction thereof.” It’s not legally or verbally complicated.
It’s also not philosophically complicated. The American founders and the 14th Amendment framers’ understanding of citizenship has always been rooted in the consent of the governed, in an explicit rejection of the medieval subjectship Chief Justice John Roberts employed as the basis for his anti-American ruling. While Kavanaugh’s compromise position has legal and prudential merit, there is simply no legal, cultural, practical, or philosophical justification in legitimately American jurisprudence for Roberts’ majority.
The simplest way to know that’s true, for judges who can’t think their way out of a Washington Post editorial-lashing, is if you’re ruling with Ketanji “I don’t understand” Brown Jackson and against Clarence Thomas and Samuel Alito, you’re wrong.
That a court with six Republican-appointed justices could hand down such a patently un-American, anti-Constitutional decision is an indictment of America’s rogue legal system. It only accents the scores of horrific decisions coming daily out of the federal judiciary in the age of Trump that Roberts has abandoned his duty, as chief magistrate, to curb.
It’s past time that elected officials of the party that claims to love the Constitution and its principles made substantive reforms to a legal system that seems incapable of producing three or four other justices — let alone a federal bench — worthy of Thomas’ and Alito’s legacies out of the 350 million people in the greatest country in the world.
The second Trump administration has made some small progress in this direction by pushing big law firms to dollop a soupçon of pro bono work on non-leftist causes, and canceling federal contracts with firms that helped foment the Spygate coup. Both of these, however, have been under inevitable litigation. They also don’t go anywhere near far enough.
Many other things can and must be done to redress the existential crisis that is an American legal profession increasingly dedicated to anti-Constitution law. Like many problems with domestic communism, many of the legal profession’s evils germinate in publicly subsidized educational institutions. Luckily, those are controlled by elected officials.
Here, Republican-run states that wish to demonstrate seriousness about Republican officeholders’ professed love for American principles can take big action. So can the Trump administration, for it can — and should — ditch the leftist monopoly that currently controls virtually all of U.S. legal education, the American Bar Association.
In concert, Republican states and the Trump administration must stand up one or several competing, federally approved law school accreditors and post-graduation professional associations. The Federalist Society should be able to field at least one of these new accreditors, and Republican states, perhaps through the Republican Attorneys General Association, should field another. Monopolies drive up costs and drive down quality, so the ABA shouldn’t be replaced by another single entity.
Once the ABA has replacements, those replacements should begin threatening the ability of law schools to accept federal student loans if the schools’ curriculum or teachers push unconstitutional race and sex discrimination (commonly known as “DEI”). They should do a reverse “march through the institutions” to eradicate and punish race and sex Marxism in any and all taxpayer-funded “education” institutions. Put Chris Rufo on the accreditation board; he’ll know what to do.
A component of dethroning the ABA needs to be replacing it and state licensing boards’ control of the legal profession. Both work to make the profession more leftist while often failing to uphold their supposed reason for existing, which is to disbar criminal and immoral lawyers. Their corruption is why leftist pressure campaigns can use these entities to bankrupt any lawyers who dare defend a conservative, from John Eastman to Ed Martin to Jeff Clark to garden-variety lawyers in Wisconsin. This Stalinist show-trial-enabling ecosystem needs to be erased. Just pretend it’s two weeks from getting a nuke!
Many Republican-run states also allow bureaucrats to create lists of judges for officeholders to pick from when nominating, which obviously tends to reward and promote cowardly and weak judges rather than judges who courageously defend traditional American rule of law. That practice needs to end, yesterday. Judges like the 9th Circuit’s Lawrence VanDyke need to be promoted, given law school fetes and visiting professorships, and all the other honors currently purposefully denied to effective constitutionalists in law.
Republican-run states also need to raze and replace state law schools. Law school faculty trend communist. It is completely unacceptable and un-American to keep any communists on public payroll. If they have to dissolve their law schools to get rid of tenured communists, state lawmakers should be prepared to do so. They can simply revoke the charter of the current school and immediately institute a charter for a replacement that obtains its appropriations, buildings, and other assets but not liabilities such as law professors who teach future judges and lawyers to hate America. --->READ MORE HERE
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