By: Brian Evans
During the latter part of the former President Obama’s Presidency in 2015 and 2016, on his way out the door, the Obama halted all drilling and exploration in nearly 6,000 square miles of canyons in the Atlantic Ocean, and he banned drilling and exploration of the Beaufort and Chukchi seas and the Hanna Shoal in the Arctic. He said it was to ‘protect the polar bears and walruses,’ and to save the ‘marine mammals and corals.’
Now last Friday, yet another left-wing radical Obama appointed Judge worked to sabotage the Trump agenda, as he legislated from the bench! In fact, he threw out President Trump’s executive order, in exchange for Obama’s executive order, which is a blatant violation of the powers of the Judicial branch! Regardless, U.S. District Court Judge Sharon Gleason tossed out Trump’s executive order that overturned Obama’s offshore drilling bans in the Arctic Ocean and many canyons in the Atlantic Ocean.
Judge Gleason said Presidents have the power under federal law to remove certain lands from development but cannot revoke those removals! In other words, if a left-wing President like Barack Obama passes an executive order that bans offshore drilling, no conservative can reverse that executive order. Therefore, by Judicial decree, Obama declarations and powers supersede all future Presidents, so long as the original order aligns with the Marxist left! In all, that would mean that Obama was able to make laws that could only be undone by Congress, but that does not apply to Conservative ideologues!
In other words, Obama can pass an executive order banning offshore drilling, but President Trump’s reversal of Obama’s EO is not allowed by subsequent Presidents, and only Congress can reverse the order.
The Washington Times reported…
“The wording of President Obama’s 2015 and 2016 withdrawals indicates that he intended them to extend indefinitely, and therefore be revocable only by an act of Congress,” said Gleason, who was nominated to the bench by Obama
The American Petroleum Institute, a defendant in the case, disagreed with the ruling.
“In addition to bringing supplies of affordable energy to consumers for decades to come, developing our abundant offshore resources can provide billions in government revenue, create thousands of jobs and will also strengthen our national security,” it said in a statement.
Erik Grafe, an attorney with Earthjustice, welcomed the ruling, saying it “shows that the president cannot just trample on the Constitution to do the bidding of his cronies in the fossil fuel industry at the expense of our oceans, wildlife andclimate.”
Earthjustice represented numerous environmental groups that sued the Trump administration over the April 2017 executive order reversing the drilling bans. At issue in the case was the Outer Continental Shelf Lands Act.
Acting Assistant U.S. Attorney General Jeffrey Wood said during a hearing before Gleason in November that environmental groups were misinterpreting the intent of the law written in 1953. He said it is meant to be flexible and sensible and not intended to bind one president with decisions made by another when determining offshore stewardship as needs and realities change over time.
In the end, well-placed Judges, who Obama strategically located throughout the Justice System, are now using their power to undermine the agenda of the radical lefts political ideological opponents! In the past few years, America has witnessed the dawning of a new age for left-wing Judges, as they are no longer used to interpret the constitution and apply the laws carefully, as to protect the liberties of ‘We the People’, of these United States of America! Instead, they are using it as a bulwark to force our nation to the radical left, while blocking Conservative policies, regardless of what ‘We the People’ want or who we vote for!
In fact, just last week, Judge Rudolph Conteras, who is a Judge who was also appointed by former President Barack Obama, effectively blocked all oil and gas drilling in a large swath of Wyoming! Even more concerning is the fact that although America’s Judges are supposed to base their decisions on the Constitution and Constitutional laws, he chose to base it instead on a ‘Global Warming Junk Science report!’ Judge Rudolph Contreras, serves from the District of Columbia, and from his bench, he ordered that global warming junk science must be taken into account, rather than basing his decision strictly on the Constitution! In effect, from his bench in DC, Contreras effectively stopped and blocked any oil and gas drilling in more than 500 square miles!
Also in November of 2018, there was a court ruling from Judge Jon S Tigar of San Francisco, effectively blocked President Trumps efforts to stem the tide of illegal border crossings, after the left-wing ACLU sued the President over his forcing those who try to cross the border of the United States illegally, to be forced to cross at one of the legal points of entry, including United States embassies in their home countries.
Yet another case of ‘Judicial Activism’ involves the importing foreign law to interpret the United States Constitution involves a Female Genital Mutilation case in Michigan. In the case, U.S. District Judge Bernard Friedman chose to use the barbaric Sharia laws of the Muslim religion to interpret the Constitution, which is designed to protect the very girls who had their constitutional rights violated. In the case, the judge in Detroit declared America’s female genital mutilation law unconstitutional, thereby dismissing the key charges against two Michigan doctors and six others accused of subjecting at least nine minor girls to the cutting procedure in the nation’s first FGM case. The Detroit Free Press reported…
“The historic case involves minor girls from Michigan, Illinois and Minnesota, including some who cried, screamed and bled during the procedure and one who was given Valium ground in liquid Tylenol to keep her calm, court records show.
The judge’s ruling also dismissed charges against three mothers, including two Minnesota women whom prosecutors said tricked their 7 -year-old daughters into thinking they were coming to metro Detroit for a girls’ weekend, but instead had their genitals cut at a Livonia clinic as part of a religious procedure.”
2. elevating policy considerations above the requirements of law.
Even Supreme Court Chief Justice John Roberts employed judicial activism and effectively legislated from the bench, as he held that the mandatory requirement that individual Americans purchase health insurance, or they would be subject to paying a penalty. He said that it is within Congress’s constitutional power to tax, despite President Obama and Congressional Democrats openly professing that the ACA mandate is not a tax. Therefore, by converting Congresses regulation into a tax, Chief Justice Roberts and his fellow four Justices did exactly what he said does not exist…Judicial Activism. Ironically, Chief Justice Roberts allowed Obamacare (ACA), despite Roberts himself saying that Obamacare, known as the (Affordable Care Act) would…
“fundamentally change the relationship between the citizen and the federal government.”
He added that the government’s position would authorize
“Congress to use its commerce power to compel citizens to act as the Government would have them act. That is not the country the Framers of our Constitution envisioned.”
Regardless, in the end, how does all this matter? IT MATTERS BIG TIME because it threatens the balance of power between the three branches, as Congressional Democrats and the former President Barack Obama used their power to taint the influence of the Judicial System, as a means to eliminate a check on their left-wing ideological power! Then, without a check on their pro-Socialist and Marxist ideology, they can implement those policies, and there is effectively nobody to stop them! Policies that affect our freedoms of speech, religion, and the press! Policies that affect our right to property, abortion, the right to vote, the right to own and operate a business, as we see fit, and the right to own a gun to protect ourselves and our family!
In the end, Democrats may attack the President for his criticisms of the judiciary, but they would do good to look at the record of the judges, as Democrats work to transform the Judiciary into a weapon to violate the separation of powers and upend a duly elected leader of the United States. Sadly, the now-radicalized left’s use of ‘judicial activism’, and the ‘weaponization of the judicial branch’ is becoming one of the gravest threats to our Constitutional Republic, as the radicalized Judges are now unconstitutionally legislating from the bench, rather than interpreting the Constitution and implementing that interpretation, thus violating their oath of office and the Constitution of the United States itself!