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To: usurper
If a federal judge is over ruled at the appellate or Supreme Court level 3 times they should be removed from office.
The only quibble I would have is that SCOTUS sometimes reverses its own prior rulings - so a lower court judge might in all good faith think that (in the classic example) Plessy v. Ferguson should and might be overruled. The lower court judge is thus in a bind, knowing he might be vindicated by SCOTUS - or not - whether he rules with or against the Plessy precedent.

. . . and, knowing that, justices of SCOTUS might thereby be biased to stick with a bad precedent which otherwise they might overturn. Could that be finessed somehow, by having the justices of SCOTUS critique the lower judge’s objectivity? I kinda doubt it. Maybe you could modify your rule - and get support from SCOTUS for the idea - if you said that the lower judge is protected if the SCOTUS verdict is not unanimous .

Morrison v. Olson is a terrible example of what you would hate to see happen - SCOTUS ruled 8-1, and Scalia famously dissented (and early in his SCOTUS career, at that). Scalia didn’t think it was even a close call - “this wolf comes as a wolf” - and it is generally accepted now that Scalia alone was correct. How would you like to have been a lower court judge, subject to your rule, and to have had to decide that case! Worse, Scalia himself could have been that lower court judge, a couple of years earlier - and have been overruled by SCOTUS 9-0!

I seem to be losing my enthusiasm for your idea . . .


17 posted on 12/02/2018 10:02:41 AM PST by conservatism_IS_compassion
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To: conservatism_IS_compassion
I seem to be losing my enthusiasm for your idea . . .

I know its not a perfect plan but there needs to be some consequences when judges accept and then rule on cases that clearly have no constitutional foundation.

19 posted on 12/02/2018 11:13:15 AM PST by usurper ( version)
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