Planned Parenthood Funding TRO Is Absurd; Impeach the Judge

OK, this is totally absurd. 

Over the past few months, the arguments against Trump’s budget decisions have centered on the claim that the president must spend money as Congress dictates in the law. 





In most cases, we all knew that the nationwide orders by District Judges were of questionable legality, but at least there was a fig leaf of legal reasoning to hide the naked power grab by the judges. 

No longer. Congress defunded Planned Parenthood fair and square, but in a decision that included no legal reasoning at all, a District Court Judge ruled that she gets to decide where the taxpayers’ money goes.

A child could understand the reasoning, because there is none. It is a judicial tantrum–an Obama-appointed judge has decided that Congress must spend billions of dollars because…she says so. Read the TRO yourself and decide if she persuaded you that Planned Parenthood has a case. 

How could we know? It is a bare order without a lick of legal reasoning. 





Unless, of course, there is a newly-discovered “Planned Parenthood” funding provision in the Constitution. There could be, for all I know. Ketanji Brown-Jackson could tell us, perhaps. I don’t think you need to be a biologist to determine that, and since words have no meaning anyway, it is probably outlined in Article II, right next to the prohibition against Orange presidents. 

Defunding Planned Parenthood was an act of Congress, signed by the president, and is the actual law. There is zero ambiguity, which explains the lack of any legal reasoning in the order. Why bother? There IS no legal justification for any of this. It is a pure act of authoritarian abuse of power. 

Next week, a judge will just write “Republicans bad” or “decolonize America” and be done with it. 





No doubt, the “norms” crowd will come up with some explanation for why this is necessary. Something along the lines of “Orange Man Gestapo racistsexisthomophobic ooga booga,” and we are all expected to nod along sagely and light a candle to Whoopi Goldberg and Keith Olbermann. 

The Constitution defines and limits the powers of each branch of government. That includes, believe it or not, the Judicial Branch, as well as Congress and the Executive Branch. 

In fact, the two other branches defer to the Judicial–as they should–because it is expected to be impartial and self-limiting. It is supposed to be an umpire, not a team’s coach. When it ceases to act in that capacity and becomes a political player itself, the other branches will eventually begin to ignore it.





And they should. Our system does not grant unlimited power to the Judiciary; if they try to take it, that is as “insurrectiony” as the President acting outside his power. 

The Supreme Court has to get its branch in order. Congress should impeach Judge Indira Talwani–not because they disagree with her, but because she is trying to exercise power to which she is not entitled. 

The case for impeachment isn’t even close. Talwani’s ruling is an act of pure power without any justification. She must be removed. 





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