The left brought it on itself by insisting on the politicization of judges. For a leftist, nothing can be outside politics, and political power takes precedence over the law. Fortunately, we may still have a chance to restore originalism, and the Constitution.
[Update early afternoon]
If judges want to make laws and bypass the legislature, let them be elected, not appointed for life.
Nice and simple. We won. They lost.
Used to be appointment of judges wasn’t partisan, with winners and losers. Now it is. So you gotta win.
Last month, I heard about a civil court case in Maine where a three judge subpanel sided with a labor union. Basically, the law has a list of activities for which an overtime law didn’t apply:
The cases had already wound its way through two courts where it was ruled that the “or distribution” was a separate item rather than combined with “packing for shipment or distribution”. The Maine style guide for such lists mandated that the conjunction shouldn’t have a comma before it. But the labor union and the judge, David Jeremiah Barron who wrote the majority opinion argued that there was ambiguity even though the ambiguity would have resulted in a grammatically incorrect sentence (where is the conjunction before “packing”?).
As it turns out, Judge Barron had previously worked in the Obama administration as an acting Assistant Attorney General of the Office of Legal Counsel. His job there was to write many legal rationalizations for government actions, including infamously a 50 page rationalization for a drone attack on a US citizen, Anwar al-Awlaki. He was later appointed to court.
Just as in his past job, we find Judge Barron writing elaborate rationalizations for a favored side.