We could easily make this a not-so-phony Democratic outrage moment, but won't. It's like everything else allowed to happen under the pathetic leadership of the Democratic Party.
Think Progress took the time to look at the Republican Party’s draft platform, and found out that the independent judicial branch will no longer be tolerated. The platform language is crystal clear about encouraging a much more conservative activist court system. Remember this; there is no consensus on "constitutional limits," so the conservative assumptions are only that, and a continuation of a debate that's been going on since before the Constitution was written:
Platform: "Despite improvements as a result of Republican nominations to the judiciary, some judges in the federal courts remain far afield from their constitutional limitations. The U.S. Constitution is the law of the land. Judicial activism which includes reliance on foreign law or unratified treaties undermines American law. The sole solution, apart from impeachment, is the appointment of constitutionist jurists, who will interpret the law as it was originally intended rather than make it. That is both a presidential responsibility, in selected judicial candidates, and a senatorial responsibility, in confirming them. We urge Republican Senators to do all in their power to prevent the elevation of additional leftist ideologues to the courts, particularly in the waning days of the current Administration."
According to Think Progress:
Activist judging is the backbone of Republican constitutional theory, not the enemy of it. Moreover, if Republicans really cared what our founding fathers thought about important constitutional questions like judicial independence, they would not even consider the idea of impeaching a judge simply because of a partisan disagreement. The Constitution provides that judges “shall hold their offices during good behaviour,” not so long as a political party agrees with them
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