I have a new article up at Discourse—actually an article I wrote some time ago, but it’s been sitting on the back burner because it’s not particularly time-sensitive.
The "judicial strike" idea is misconceived. The solution is not for judges to abandon their office. Instead, once a finding of contempt is made against the executive, the courts should refuse to hear from the executive in any case to which the executive is a party until the contempt is purged (i.e. the executive would not be permitted to initiate new proceedings or take any step in existing proceedings). The ability of other litigants to prosecute or defend their cases would not be affected.
Respectfully Robert, Me thinks you are living on a pipe dream if you think there will ever be any kind of judicial strike. There is a more powerful branch of government that Senator Boring Booker could have gone on a record setting twenty five hour lament about #REMEMBERASHLIBABBITT…The young looney tune died a premature death based on a BIG FING LIE she bought by a crook, line and sinker, uttered over and over by a shameless, mendacious, narcissistic, megalomaniac, crony capitalist pig bit conman, casino card shark magnet, FTX, I mean NFT huckster, serial adulterer credibly accused of…, reality tv porn hub star, world wide federation heel, neo nationalist anti truth sociopath, GOP Crasher, formerly the world’s biggest twitter troll turned X X X soft porn cite midnight tweeker, I tweeter, America’s Now Biggest Sore Winner Donald J Trump. If only the Democrats in Congress had a collective brain and impeached and removed Heat Miser from office the night of January 6th…at least the no good Senator could have told The Don to put up or shut up with “proof” the election was stolen…as that fing dingbat DIE, I mean DEI hire should have challenged the Orangeman to just submit it or admit it is a BIG FING lie…name one of the two thousand mules and Joe and I will resign effectively immediately and personally swear you and Mike back into office..oh well, one can dream but it won’t make it so. Pray to END TRUMPISM Resistance is not futile, it is your moral duty to confront TRUMPISM in all its grotesque forms. Gotta run on. Thanks for taking my rant R.T. Peace through superior mental firepower
Of course, we've discussed before on your podcast so this won't be new ground. However, it's a mistake to undersell the impact of Christianity in leavening the classical understanding of the idea of the West. The classical understanding left much to be desired in terms of its tolerance of a host of abusive practices toward the human person. This is where the Judeo-Christian understanding of the innate dignity of the individual comes in and "finishes" the theoretical underpinnings of the West. The church extended that work - imperfectly - across the actual geographic West. The Christian nationalist movement bears almost no resemblance to the Judeo-Christian infused West we're talking about here. In fact, it seems to have mostly abandoned the idea of innate human dignity unless we're talking about unborn children. In day-to-day practice, holding other people in contempt seems de rigeur which bears a lot in common with the pre-Christian understanding of the West.
“Judges can get together and decide that no business will go on in the federal courts until the administration complies with its rulings.”
I would think the administration would celebrate this. It would stop the judges from enjoining all its unlawful activity. Also, the disruption to the millions of claimants in civil disputes, suits against State governments for infringing on individuals’ rights, habeas cases, all the lawyers involved, etc. would be catastrophic.
If you want an example of courts coming to a standstill, look at the impact of the U.S. Supreme Court's decision in McGirt v. Oklahoma (2020). I believe it was rightly decided but the impact on the court system was huge. It determined that state courts in Oklahoma had no jurisdiction over a vast majority of crimes committed there because the land belonged to Native American tribes. So prisoners convicted in state courts appealed and ongoing prosecutions got shifted to the tribal courts or federal courts. Friends practicing in federal courts in Oklahoma have told me they can’t get hearings or rulings for months to years because of the backlog the ruling created. Justice delayed = justice denied.
The "judicial strike" idea is misconceived. The solution is not for judges to abandon their office. Instead, once a finding of contempt is made against the executive, the courts should refuse to hear from the executive in any case to which the executive is a party until the contempt is purged (i.e. the executive would not be permitted to initiate new proceedings or take any step in existing proceedings). The ability of other litigants to prosecute or defend their cases would not be affected.
In effect, a targeted strike or boycott tailored to affect the transgressor.
Respectfully Robert, Me thinks you are living on a pipe dream if you think there will ever be any kind of judicial strike. There is a more powerful branch of government that Senator Boring Booker could have gone on a record setting twenty five hour lament about #REMEMBERASHLIBABBITT…The young looney tune died a premature death based on a BIG FING LIE she bought by a crook, line and sinker, uttered over and over by a shameless, mendacious, narcissistic, megalomaniac, crony capitalist pig bit conman, casino card shark magnet, FTX, I mean NFT huckster, serial adulterer credibly accused of…, reality tv porn hub star, world wide federation heel, neo nationalist anti truth sociopath, GOP Crasher, formerly the world’s biggest twitter troll turned X X X soft porn cite midnight tweeker, I tweeter, America’s Now Biggest Sore Winner Donald J Trump. If only the Democrats in Congress had a collective brain and impeached and removed Heat Miser from office the night of January 6th…at least the no good Senator could have told The Don to put up or shut up with “proof” the election was stolen…as that fing dingbat DIE, I mean DEI hire should have challenged the Orangeman to just submit it or admit it is a BIG FING lie…name one of the two thousand mules and Joe and I will resign effectively immediately and personally swear you and Mike back into office..oh well, one can dream but it won’t make it so. Pray to END TRUMPISM Resistance is not futile, it is your moral duty to confront TRUMPISM in all its grotesque forms. Gotta run on. Thanks for taking my rant R.T. Peace through superior mental firepower
Ahh that makes more sense!
Of course, we've discussed before on your podcast so this won't be new ground. However, it's a mistake to undersell the impact of Christianity in leavening the classical understanding of the idea of the West. The classical understanding left much to be desired in terms of its tolerance of a host of abusive practices toward the human person. This is where the Judeo-Christian understanding of the innate dignity of the individual comes in and "finishes" the theoretical underpinnings of the West. The church extended that work - imperfectly - across the actual geographic West. The Christian nationalist movement bears almost no resemblance to the Judeo-Christian infused West we're talking about here. In fact, it seems to have mostly abandoned the idea of innate human dignity unless we're talking about unborn children. In day-to-day practice, holding other people in contempt seems de rigeur which bears a lot in common with the pre-Christian understanding of the West.
“Judges can get together and decide that no business will go on in the federal courts until the administration complies with its rulings.”
I would think the administration would celebrate this. It would stop the judges from enjoining all its unlawful activity. Also, the disruption to the millions of claimants in civil disputes, suits against State governments for infringing on individuals’ rights, habeas cases, all the lawyers involved, etc. would be catastrophic.
If you want an example of courts coming to a standstill, look at the impact of the U.S. Supreme Court's decision in McGirt v. Oklahoma (2020). I believe it was rightly decided but the impact on the court system was huge. It determined that state courts in Oklahoma had no jurisdiction over a vast majority of crimes committed there because the land belonged to Native American tribes. So prisoners convicted in state courts appealed and ongoing prosecutions got shifted to the tribal courts or federal courts. Friends practicing in federal courts in Oklahoma have told me they can’t get hearings or rulings for months to years because of the backlog the ruling created. Justice delayed = justice denied.