The Courts Are Guilty of Failing to Do Their Job
Kurt Schlichter
So, I want to get this straight, because I’m a little confused. We’re supposed to respect federal judges who are appointed for life and not subject to any kind of outside pressure by design. We’re supposed to allow our democracy – yes, I know it’s a constitutional republic, but let’s not be anally retentive about these things – to have a built-in veto by people we didn’t vote for and can’t, as a practical matter, remove. Our only protection against them running rampant with their personal prejudices and peccadillos is their own character. But what if they don’t have any character? What if they do whatever they damn well please? Do We the People just have to take it? Because that’s not going to happen. If it’s a choice between serfdom with Article III – no, Ilhan Omar, that is not Article One Hundred Eleven – and liberty without Article III, adios Article III.
If and when the judiciary dies, and it’s not looking so great right now, the cause of death on the certificate is going to be suicide.
Now, I’ve been in front of a lot of federal judges during 30 years as a lawyer, and the big difference between federal judges and God is that God doesn’t think He’s a federal judge. There are some good ones out there, some stunning mediocrities for such a prestigious post, and some insane ones who really let their incredible power go to their heads. And it is an incredible power, with an incredible lack of accountability. But under our Constitution, properly understood, that can work. It gives them the ability to stand up for the Constitution against partisan pressure. Of course, the problem is that far too many are Democrats who stand up for partisan pressure against the Constitution. Like so much of our Constitution, it requires character to function. It requires a judge to look at the facts and the law and decide the case according to them, even when that decision runs against what he, she, or whatever weird pronoun the Democrat appointee prefers. Sometimes, as a judge, you have to rule against what you want. And leftists aren’t good at that.
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https://townhall.com/columnists/kurtschlichter/2026/04/30/the-courts-are-guilty-of-failing-to-do-their-job-n2675224