8.) MIXED – Scrap Unconstitutional Executive Orders

  • 01/07/2019 12:00 AM
  • Source: AAN
  • by: AAN Staff
President Trump scrapped the unconstitutional Deferred Action for Childhood Arrival executive order in 2017. However, a federal appeals court ruled against his effort to end DACA last year.

For its part, Congress did not pass a legislative solution to undo President Obama's damage or offer solutions to rein in judicial supremacism.

If conservatives think the right's increasing sway on the Supreme Court means bad rulings by radical judges will end, think again. The Supreme Court only hears precious few cases. Democratic administrations have stocked lower courts. 

Conservative Review explains:

1) Before Trump, there was a supermajority of leftists on the lower courts thanks to Democrats batting .1000 and Republicans picking leftists half the time. Thus, even with Trump filling vacancies at a rapid pace, it’s not making a dent in most circuits, most of the vacancies are the best conservative judges retiring, and Democrats only need a few avenues to forum-shop and shut down our Constitution. Their biggest avenues, the Ninth, Fourth, and D.C. circuits, are gone for a lifetime.

2) The legal profession controls the “culture” of the court system and the arc of litigation. That will not change.

3) The Supreme Court is not categorically ripping out this judicial cancer, and even when it tries, the Left comes back for more. Death by one thousand lawsuits.

4) John Roberts and several of the other conservatives are being extra careful not to appear “political” and are doing everything they can to avoid overturning bad lower court cases.

 Source: AAN
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