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by agensaequivocum 349 days ago
Partisan organizations are running to judges late on Friday nights, "randomly" getting judges who issue a TRO before the government even is informed of the lawsuit let alone respond. We are talking about blocking the executive from action before any argument is made in the merits. That's not at all consistent with co-equal branches. If they kept this up, Trump would rightly echo Andrew Jackson "Well, John Marshall has made his decision, but now let him enforce it."
1 comments

The answer to judge shopping isn't making the president a king.
He's not but the constitution vests him with all executive power. This is broad. It's also a co-equal branch. The inferior courts don't even need to exist. Congress can dissolve them at any time. It's a gross violation of the separation of powers for a district court to enjoin executive action.
> The inferior courts don't even need to exist.

Do you mean to say we can have a functional judiciary with only a supreme Court to rule on everything?

All I'm saying is that all inferior courts exist at the pleasure of congress. They can remove all power and force all the district and appeals court judges of power and put them effectively into retirement. The only thing that congress cannot do, without impeachment, is lower or remove their salary.

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."