Is Impeachment the Answer to Judicial Overreach?

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American Greatness

Is Impeachment the Answer to Judicial Overreach?

By Mark Pulliam| February 21, 2018

As someone who writes frequently on the topic of judicial activism, I am often asked, “What is the solution?” This is a vital question. Put another way—as I did in a previous essay at American Greatness—“Can Activist Judges Be Controlled?”

 The short answer is: With great difficulty, yes. But if it’s a quick and easy answer you want, forget it. The current crisis took decades to develop. It won’t be resolved with a sweeping gesture.

The “imperial judiciary” is the result of myriad different influences, including the politicization of the law (the triumph of Legal Realism), the Left’s capture of legal academia, the transformation of the legal establishment (state bar associations and big law firms) into an elitist special interest group, and the conversion of the Senate confirmation process into a gauntlet to punish outspoken conservative nominees, such as Judge Robert Bork in 1987.