Another day, another court order shutting down the President. This time, a Federal Judge in San Francisco halted  Trump’s executive order directing agencies to shut down offices and lay off thousands..

Before that, it was a judge in Maryland, halting Trump’s DEI Executive orders on Federal Departments. And before that, a Judge in Rhode Island, and one in Massachusetts, and Seattle, and another one in California, and the DC Federal district bench. Welcome to the Judicial Resistance, or Judges’ Insurrection. Any one of the 677 Federal District Judges can have a veto over the actions of the President, until an appeal goes through the system.

              It’s guerrilla warfare, in courtrooms instead of jungles. Go look for a sympathetic judge. File a complaint with the friendly jurist, who then orders the Executive. The President appeals the case, it goes up, President wins. Then the guerillas move on to another friendly judge somewhere else, and the whole thing starts again.

              So where do the Federal District Courts all get the power to veto the Executive? Nowhere!

              Judicial Supremacy is nowhere in the Constitution. It’s totally made up by the judges themselves!  Marbury v Madison (1803), deftly invented the right of Judicial Review: that the Federal Courts could decide what was and wasn’t allowed. The courts became a check and balance on the President and Congress. But who checks and balances the Courts?

Nobody. Just another judge. That’s not democracy, or a constitutionally limited republic. Neither is 677 Federal judges each having a veto over the popularly elected Executive. The Rule of Law isn’t the Rule of Lawyers. Or Judges.

So what do we do? Relying on the judges to discipline themselves hasn’t worked.

The weakness of the Judicial Lords? To actually get anything done, the Judges rely on everyone else obeying them. Judicial Supremacy rests on Judicial Deference. What if the Executive and Congress just stop deferring?

–Judicial power depends on deference by the Executive and Legislative branches. If the courts become recognized as simply one party’s political hacks, why listen to or obey them?

–The Courts’ powers aren’t Constitutional or codified, theyre just taken by the Courts themselves, and acquiesced to by everyone.

–The spectacle of lots of little Federal Priest-Kings grabbing power as “resistance” to the elected President destroys the legitimacy of Judicial Review.

If Judicial Review dies, the Judges have only themselves to blame.