It is beginning to appear that we no longer need the Executive and Legislative branches of government —

 

Here is an excerpt from an article in today’s Epoch Times.

A California district judge granted partial relief to some of the federal government’s recently terminated probationary employees who argued that their termination from various agencies was unlawfully ordered by the Office of Personnel Management (OPM) under the false cause of performance.

Senior District Judge William Alsup provided partial relief on Feb. 27 to the non-union organizational employees, ordering their immediate reinstatement to agencies including the National Parks Service, every agency within the Department of Veterans Affairs, the Bureau of Land Management, and the Small Business Bureau.

He also ordered that OPM’s request be stopped and rescinded, because of the possibility of more federal employees being let go under the request.

This is, to me at least, a typical and all too frequent example of judges, high and low, taking on the role of shaping our laws to fit their own political leanings. It seems foolish and dangerous when a local judge can overrule executive and legislative decisions without regard to the Constitution. It all started with Roe v. Wade when the Supreme Court found that abortion was a constitutional right under a never-before-discovered, invisible clause. One of the Justices used the terms “penumbra” and “emanations” to describe how the right to privacy was derived from other rights in the Bill of Rights. Using that standard, there seems to be no limit to what the courts can order or deny.

Here’s the link to the Epoch Times article.

Are we becoming a nation ruled by unelected (for the most part) men in robes seated above the common citizens?

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There are 17 comments.

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  1. DonG (¡Afuera!) Coolidge
    DonG (¡Afuera!)
    @DonG

    If Clarence Thomas was Chief Justice, this crap would not be happening.

    • #1
  2. Red Herring Coolidge
    Red Herring
    @EHerring

    There has been no check on rogue judges. Overturning isn’t a punishment.  

    • #2
  3. Sisyphus Member
    Sisyphus
    @Sisyphus

    Red Herring (View Comment):

    There has been no check on rogue judges. Overturning isn’t a punishment.

    These judges actually hate to be overturned, but hot heads will be hot heads. Congress could impeach them to a man, and should. They won’t make the 2/3rds vote to convict in the Senate, but an impeached judge has reduced prospects and reputation.

    • #3
  4. kedavis Coolidge
    kedavis
    @kedavis

    I bet there’s ways to prosecute them for some kind of misconduct, if someone looks into it enough.  That doesn’t even require a House vote.

    For example, that one judge whose wife is involved with some group that got a big chunk of money from USAID, I think it was.

    • #4
  5. EODmom Coolidge
    EODmom
    @EODmom

    Sisyphus (View Comment):

    Red Herring (View Comment):

    There has been no check on rogue judges. Overturning isn’t a punishment.

    These judges actually hate to be overturned, but hot heads will be hot heads. Congress could impeach them to a man, and should. They won’t make the 2/3rds vote to convict in the Senate, but an impeached judge has reduced prospects and reputation.

    I think they are so self involved that they do not care about reputation. And they know they have peaked but are secure for life. Meanwhile they can do things. 

    • #5
  6. Fritz Coolidge
    Fritz
    @Fritz

    It was my understanding that federal probationary employees can be terminated, without recourse and without requiring any civil service processes, at any point in their probationary period, regardless of performance or other factors. Is this incorrect?

    • #6
  7. kedavis Coolidge
    kedavis
    @kedavis

    EODmom (View Comment):

    Sisyphus (View Comment):

    Red Herring (View Comment):

    There has been no check on rogue judges. Overturning isn’t a punishment.

    These judges actually hate to be overturned, but hot heads will be hot heads. Congress could impeach them to a man, and should. They won’t make the 2/3rds vote to convict in the Senate, but an impeached judge has reduced prospects and reputation.

    I think they are so self involved that they do not care about reputation. And they know they have peaked but are secure for life. Meanwhile they can do things.

    They may not care about being impeached, but they probably care about being prosecuted, and perhaps jailed for years.  For official misconduct, corruption such as those with spouses etc who benefit from USAID money…

    • #7
  8. Steve Fast Member
    Steve Fast
    @SteveFast

    Fritz (View Comment):

    It was my understanding that federal probationary employees can be terminated, without recourse and without requiring any civil service processes, at any point in their probationary period, regardless of performance or other factors. Is this incorrect?

    Trump will win this on appeal. The leftist district judges can only slow things down, which is unfortunate but expected.

    • #8
  9. OccupantCDN Coolidge
    OccupantCDN
    @OccupantCDN

    How difficult is it to impeach a judge a remove them from the bench?

    I know it doesnt happen very often, but there must be some cause to remove.

    • #9
  10. kedavis Coolidge
    kedavis
    @kedavis

    OccupantCDN (View Comment):

    How difficult is it to impeach a judge a remove them from the bench?

    I know it doesnt happen very often, but there must be some cause to remove.

    The impeachment is same as the President.  And fact is, there’s basically no chance of getting 60 votes in the Senate at this point.

    But as I pointed out before, prosecution for misconduct etc, doesn’t require a House OR Senate vote.  And there seem to be a number of judges who had their hands in the USAID cookie jar, either directly or through a spouse, etc.  As well as other possible options.

    • #10
  11. Skyler Coolidge
    Skyler
    @Skyler

    Sisyphus (View Comment):

    . . . but an impeached judge has reduced prospects and reputation.

    It seems to me that among the communists in the democrat party, this is an enhancement of reputation.

    • #11
  12. Stad Coolidge
    Stad
    @Stad

    When I started working for DOE, I was a probationary employee.  It’s not unusual.  I understood that a probationary employee could be let go for any reason, so I didn’t run out and buy a house . . .

    • #12
  13. Red Herring Coolidge
    Red Herring
    @EHerring

    Steve Fast (View Comment):

    Fritz (View Comment):

    It was my understanding that federal probationary employees can be terminated, without recourse and without requiring any civil service processes, at any point in their probationary period, regardless of performance or other factors. Is this incorrect?

    Trump will win this on appeal. The leftist district judges can only slow things down, which is unfortunate but expected.

    If there is a vacancy on those courts, refuse to fill it for three years. 

    • #13
  14. Sisyphus Member
    Sisyphus
    @Sisyphus

    Red Herring (View Comment):

    Steve Fast (View Comment):

    Fritz (View Comment):

    It was my understanding that federal probationary employees can be terminated, without recourse and without requiring any civil service processes, at any point in their probationary period, regardless of performance or other factors. Is this incorrect?

    Trump will win this on appeal. The leftist district judges can only slow things down, which is unfortunate but expected.

    If there is a vacancy on those courts, refuse to fill it for three years.

    The federal judicial districts can be reconstituted/reformed any which way at the whim of Congress. If a vacancy arises, the president can fill it with his own nominee.

    • #14
  15. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    A comment I made on another thread is relevant here too. We had a similar issue in the 1970s when some federal judges took over running school districts when the judges disagreed with how the elected school boards and school board appointed administrators ran things, mostly under the guise of alleged racial discrimination. 

    • #15
  16. Red Herring Coolidge
    Red Herring
    @EHerring

    Sisyphus (View Comment):

    Red Herring (View Comment):

    Steve Fast (View Comment):

    Fritz (View Comment):

    It was my understanding that federal probationary employees can be terminated, without recourse and without requiring any civil service processes, at any point in their probationary period, regardless of performance or other factors. Is this incorrect?

    Trump will win this on appeal. The leftist district judges can only slow things down, which is unfortunate but expected.

    If there is a vacancy on those courts, refuse to fill it for three years.

    The federal judicial districts can be reconstituted/reformed any which way at the whim of Congress. If a vacancy arises, the president can fill it with his own nominee.

    Yes, eventually fill it with his nominee,  but down one leftie, the rest will have to work harder and none would dare retire. 

    • #16
  17. Sisyphus Member
    Sisyphus
    @Sisyphus

    Red Herring (View Comment):

    Sisyphus (View Comment):

    Red Herring (View Comment):

    Steve Fast (View Comment):

    Fritz (View Comment):

    It was my understanding that federal probationary employees can be terminated, without recourse and without requiring any civil service processes, at any point in their probationary period, regardless of performance or other factors. Is this incorrect?

    Trump will win this on appeal. The leftist district judges can only slow things down, which is unfortunate but expected.

    If there is a vacancy on those courts, refuse to fill it for three years.

    The federal judicial districts can be reconstituted/reformed any which way at the whim of Congress. If a vacancy arises, the president can fill it with his own nominee.

    Yes, eventually fill it with his nominee, but down one leftie, the rest will have to work harder and none would dare retire.

    That little court-packing stunt Schumer and Harris wanted to do at the Supreme Court works just as well on these lower courts. Not that I’m recommending that, just sayin’.

    • #17
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