GOP frontrunner Newt Gingrich continues to adopt some of the most lunatic positions from the right-wing fringe. First it was calling child labor laws “truly stupid.” Then it was calling Palestinians an “invented people.” Now Gingrich wants to go after judges he doesn’t like.
Gingrich was questioned about his prior comments that he would, as president, eliminate judges and courts that he regarded as overstepping their authority. As an example he suggested that the entire Ninth Circuit could be done away with. On Face the Nation, host Bob Schieffer noted that Gingrich’s proposal would violate the Constitution, and asked the former Speaker how he would enforce this. Would he send the Capitol police to arrest such judges? Gingrich replied…
“If you had to. Or you’d instruct the Justice Department to send a U.S. marshal.”
This may go down in history as one of the stupidest, and most dangerous, statements from a presidential contender. The notion that a president could unilaterally punish judges for decisions with which the president disagrees is fundamentally unconstitutional and anti-American. Such power would mean that judges would have to live in fear of losing their job if they displeased the White House. It would mean that they could not decide cases on the merits, but would have to decide based on the political repercussions of their ruling. That would, in effect, make the judiciary an irrelevant appendage of the White House, rather than an independent and impartial administrator of the law.
It will be interesting to see how Gingrich’s Tea Party supporters respond to this repulsive stance. The Tea Party has always tried to portray itself as opposed to big government and the encroachment of power by government institutions. There is nothing more representative of a power grab than one branch of government asserting that it has the authority to eliminate another branch. And that’s exactly what Gingrich is proposing.
But I wonder if Gingrich has thought this through. If President Obama were to adopt Gingrich’s view today, he could have Justices Thomas and Scalia arrested and thrown off the bench. Then he could appoint two new judges to take their place. Somehow I don’t think that’s what Gingrich had in mind? In fact, were Obama to try that he would be swooped on by outraged Republicans and Tea Partiers and castigated as a traitor.
And if it wasn’t disgusting enough that Gingrich would propose something so contrary to American values, Fox Nation characterizes this as Gingrich criticizing “Anti-American Judges.” That’s a loaded term that implies that any judge that makes a ruling that a president doesn’t like is anti-American and, therefore, subject to impeachment. Of course, it’s the policy advanced by Gingrich, as well as the spin given to it by Fox, that is anti-American, not the judges that Gingrich yearns to impeach.
[Update] Fox Nation doubles down with a second column on Gingrich’s dictatorial aspirations. This one sports a curious headline that lamely tries to tar Bob Schieffer of Face the Nation as having been “jacked up” by Gingrich and calls the program “Slay the Nation.”
Also note that on the morning following the death of Kim Jong Il, the Fox Nationalists place this rehashed story at the top of their web site above a much smaller link to a story on the deceased leader of North Korea.