I’m going to miss Newt Gingrich. (Assuming, of course, that he can’t re-reincarnate himself). Whatever else you can say about the former Speaker of the House—and we’ve said a lot—he is original and even creative. Thus he has single-handedly raised the issue of legislating judges, the key force behind America’s ongoing cultural Marxist revolution—and an immense problem for patriotic immigration reform legislation (exactly as I predicted in Alien Nation).
Gingrich wants legislators to counteract judicial imperialism. His idea has caused a lot of harrumphing, even from self-proclaimed conservatives (for example, see A conservative worries: Will Gingrich return America to the days of King George? , by Rodney K. Smith, Christian Science Monitor, February 1, 2012). But of course Gingrich is right. On VDARE.com, we have discussed the remedies of jurisdiction-stripping under Article III, Section 2 of the Constitution, and (my personal favorite!) impeachment.
The traditional remedy to judicial imperialism: appoint judges who actually believe in the law. This was the answer I supported in my October 1981 Harper’s Magazine article, Supreme Irony: The Court Of Last Resort, which we have exhumed from the print tomb and which makes its first public online appearance here tonight.
But that was thirty years, and five Republican Administrations, ago. It just hasn’t worked. Indeed, Republican Senators were wholly unable to mount an effective opposition to Obama Supreme Court selections Sonia Sotomayor and Elena Kagan, although both are plainly just liberal political commissars.
The problem remains as stated. For the solution, we may have to back to the drawing board—along with Newt.
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