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It
looks like Neil Gorsuch is going to have his plate full when he finally
takes his seat on the Supreme Court. The Fourth Circuit Court of
Appeals has been busy uprooting the Second Amendment this week,
delivering a stunning opinion which essentially overturns the Heller
decision without so much as a by your leave to SCOTUS. It involves a
case out of Maryland where the state’s Democrats decided to ban
“assault rifles” and high-capacity magazines. Apparently the idea of
precedent is not something they care to have any truck with, as Charles
C.W. Cook explains at National Review.
BAD JUDGES
Pardon
my language, but where the hell did the phrase “most useful in military
service” come from? As Charles aptly points out, this is completely new
ground which was summoned up out of whole cloth by the majority in this
decision. And what does that even mean?
Will
the Supreme Court actually entertain nonsense like this as some new
standard in defiance of all precedent? I can certainly think of four
members who might. This is yet another case which demonstrates how
important it is to get Neil Gorsuch on the job as quickly and
efficiently as possible. This sort of claptrap coming from the lower
courts must be kept in check.
The United
States Senate has
removed judges from office for substantial questionable conduct, even
if no crime was committed. For example, Judge Robert
Wodrow Archbald was
impeached and removed from office for improper business relationships
with litigants. One reason for this may be the life tenure bestowed
upon federal judges and the Congress' place in upholding the "good
behavior" of judges. [4]
There are options,
but where the hell is Congress? Because a nation without a rule
of law, as has been recently, and manifestly demonstrated in Brazil,
and other South American countries, leads to "Star Chamber Justice," where even
child beggars are executed as nuisances by roving posses.
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