Over at the megablog The Volokh Conspiracy (apparently now part of Reason.com), there's a very interesting entry about an ongoing conflict between the Fifth Circuit Court (headquartered in New Orleans, Louisiana) and the US Supreme Court (in Washington, DC). Points are made about certain Supreme Court Justices' inconsistency (especially Justice Barrett's), and a larger point is made about the role of the judiciary in American society.
Significantly:
It is not the role of the judiciary to check the excesses of the other branches, any more than it's our role to check the excesses of any other American citizen. Judges do not roam the countryside looking for opportunities to chastise government officials for their mistakes. Rather, our job is simply to decide those legal disputes over which Congress has given us jurisdiction.
We've been hearing a lot, lately, about how activist leftie district-court judges like Boasberg have been acting as if they had jurisdiction over the entire country and could, by themselves, act as a stop to executive power through their injunctions. The above quote directly denies that power to the judiciary. "It is not the role of the judiciary to check the excesses of the other branches." (Emphasis added.)
Full disclosure: Judge Ho is a conservative, appointed by Trump.





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