By Bobby Darvish, Iranian-American Ex-Muslim, Former CAIR-Columbus Executive Director, Christian Conservative LDS Priest
Don Graham’s condescending remark about my education aside, his argument regarding Chief Justice John Roberts and judicial impeachment exposes a fundamental misunderstanding of both the U.S. Constitution and the current legal and political climate in America. His claim that “impeachment is not an appropriate response to disagreement” with a judge’s ruling ignores the deeper issue at hand—judicial overreach and the unchecked power of unelected judges.
1. Judicial Overreach and Its Threat to American Democracy
The U.S. Constitution does not grant judges unlimited power to legislate from the bench. The separation of powers is a foundational principle of American governance, ensuring that no single branch can overrule the will of the people or their elected representatives. However, activist judges have abused their authority for years, striking down executive orders, blocking laws, and even interpreting the Constitution in ways never intended by the Founding Fathers.
For example, federal judges have repeatedly blocked Trump’s executive orders on immigration (such as his 2017 travel ban), despite the clear constitutional authority of the president to regulate immigration under Article II of the Constitution. These rulings were not based on the text of the law but on political bias—demonstrating judicial activism rather than neutral legal reasoning.
2. Impeachment is a Constitutional Mechanism for Judicial Accountability
Despite John Roberts' assertion that "impeachment is not an appropriate response to disagreement," the Constitution says otherwise. Article III, Section 1 of the U.S. Constitution states that federal judges "shall hold their Offices during good Behavior." This means judges can be removed if they fail to uphold their constitutional duties. The Founders explicitly included impeachment as a check on an unelected judiciary.
Alexander Hamilton, in Federalist No. 81, warned against judicial supremacy, stating that judges should not have the final say over the Constitution. James Madison similarly emphasized that impeachment was a tool to remove corrupt or overreaching judges. In fact, the House of Representatives has impeached 15 federal judges throughout U.S. history, proving that impeachment is not just about criminal misconduct—it is also a mechanism for addressing judicial tyranny.
3. Trump’s Immigration Policies Were Constitutionally Sound
The main case cited by Don Graham involves Trump’s executive order on deporting illegal immigrants, which was blocked by a federal judge. Trump was right to criticize the judiciary and even suggest impeachment for judges who blatantly ignore the law to push their own political agendas.
The Supreme Court itself upheld Trump’s authority to implement immigration policies in Trump v. Hawaii (2018), confirming that the President has the legal power to restrict entry of foreign nationals if deemed necessary for national security. Despite this, lower court judges continued to obstruct Trump’s lawful immigration policies, forcing the administration to fight legal battles over powers already granted by the Constitution.
4. John Roberts’ Record of Betrayal
Chief Justice John Roberts has repeatedly sided with the liberal wing of the court, undermining conservative principles. His rulings include:
- Saving Obamacare (NFIB v. Sebelius, 2012) by rewriting the law and calling the individual mandate a "tax"
- Siding with liberal justices on DACA, blocking Trump’s attempt to end an unconstitutional executive order by Obama
- Defending election fraud by rejecting cases on 2020 election irregularities
Roberts' statement that "we do not have Obama judges or Trump judges" is laughably false—federal judges are appointed based on political ideology, and their rulings reflect their biases. This is why Democrats aggressively pack the courts with activist judges, while Republicans seek originalist justices who uphold the Constitution.
5. Liberal Hypocrisy on Judicial Attacks
The left and their media allies attack Trump for criticizing judges, yet they have no problem when Democrats threaten the judiciary:
- Chuck Schumer openly threatened Justices Gorsuch and Kavanaugh in 2020, saying they would "pay the price" if they ruled against abortion.
- Democrats pushed for court-packing under Biden to change Supreme Court rulings.
- The left ignored violence against conservative justices, including an assassination attempt on Brett Kavanaugh.
If Trump had made similar threats, the media would be screaming about "attacks on democracy." Their hypocrisy proves that their concern isn’t about judicial integrity—it’s about ensuring leftist control of the courts.
Conclusion: Judicial Power Must Be Checked
The real issue isn’t Trump’s criticism of activist judges—it’s the unchecked power of the judiciary that is undermining American democracy. If federal judges can block elected officials from enforcing immigration law, protect election fraud, and rewrite laws from the bench, then the American people have lost their voice.
Impeachment of corrupt or activist judges is not only constitutional but necessary to restore judicial integrity. Trump was right to challenge judges who abuse their power, and conservatives must continue to fight against judicial tyranny.
As for Don Graham’s insult about my education, I don’t need a GED—I need leftists like him to actually read the Constitution before making baseless claims.
Citations
- U.S. Constitution, Article III, Section 1.
- Federalist No. 81, Alexander Hamilton.
- Trump v. Hawaii, 585 U.S. (2018). Supreme Court ruling on executive authority over immigration.
- NFIB v. Sebelius, 567 U.S. 519 (2012). Roberts’ controversial ruling on Obamacare.
- CBS News. “John Roberts rebukes Trump for attack on judge.” November 21, 2018. https://www.cbsnews.com/news/john-roberts-trump-judge/
- Senator Chuck Schumer Threatens Justices Gorsuch and Kavanaugh. C-SPAN, March 4, 2020. https://www.c-span.org/video/?469654-1/senator-schumer-threatens-justices-gorsuch-kavanaugh
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