(Freedom.news) You’re a conservative who isn’t comfortable with the Republican Party’s presidential nominee. You think he’s boorish, impolitic, impolite, and maybe even a little unstable. Except for that last allegation – you can’t be “unstable” in the way the Democrats claim Donald J. Trump is and build a massive, multi-billion empire – you may be correct.
But if Donald Trump isn’t our next president, that means Hillary Clinton will be, and she will get to decide the next three, and possibly four, Supreme Court justices. If Republicans lose the Senate and Clinton is able to appoint left-wing justices to the nation’s highest court and continue appointing them to lower courts as vacancies occur, you can kiss our republic, as founded, good-bye. It really is that simple.
That said, there really is good reason to believe a Trump presidency and a GOP-controlled Senate can help protect our constitutional freedoms much more so than liberal Democrats ever have or ever will. First of all, Trump is the only presidential candidate with a viable chance to win the White House who is even talking about conservative (as in constitutional-leaning) choices for Supreme Court justices. And secondly, Clinton has already talked about what she’d do with a liberal Supreme Court majority: See that the high court’s ruling that the Second Amendment is an individual right goes away, as well as the Citizens United decision, which upheld political donations as a First Amendment right of free speech, among others.
Whether the Judicial Branch was ever supposed to be our government’s most powerful branch is, of course, debatable. But it’s hard to argue that, until Congress reasserts its authority and a president begins to exercise constitutional self-restraint, the nation’s courts are going to be the final arbiters of the issues. So in that vein, for freedom lovers, the Judiciary represents the last best hope of keeping our country.
There is reason to hope, though. According to The Daily Signal, which recently compiled a list of the most important federal court stoppages of the Obama administration, the Judiciary can serve as an effective guarantor of freedom and check against an imperial president’s unquenchable thirst for power:
1. Executive Amnesty
In June, the Supreme Court had a tie vote on Obama’s executive actions on immigration. The 4-4 ruling resulted in upholding an appellate court ruling to strike down Obama’s executive amnesty.
Obama’s actions would have shielded 5 million illegal immigrants from deportation. The president took the action in December 2014, shortly after Republicans won control of the Senate.
In August, U.S. District Judge Reed O’Connor of the Northern District of Texas ruled that schools may keep restrooms, locker rooms, and showers separated based on biological gender.
The judge blocked the mandate one day before the first day of school in Texas. The preliminary injunction is in place while the lawsuit proceeds.
In a stinging legal defeat for Obama, the Supreme Court ruled that the president cannot make recess appointments when the Senate is still in session. The liberal wing, including Obama nominees Sonia Sotomayor and Elena Kagan, joined the majority for a 9-0 rebuke in June 2014.
Obama made recess appointments to the National Labor Relations Board at a time when the Senate was in pro forma session every three days for the express purpose of preventing recess appointments.
4. Delayed Carbon Regulations
The Supreme Court ruled 5-4 in February to halt the Environmental Protection Agency’s Clean Power Plan from taking effect until the legal challenge is complete. But it’s a setback rather than a death blow to the regulation.
The Court of Appeals for the District of Columbia heard oral arguments in the case, and will likely have the final say when it does rule, at least until the ninth slot on the court is filled.
5. Searching Cellphones
The Supreme Court ruled in another unanimous decision that the Obama administration could not search cellphone data without cause, because such a search would be a violation of the Fourth Amendment.
6. Obamacare Judicial Setback
The Supreme Court has twice upheld Obamacare, either in whole or in part.
However, in a lawsuit brought by the House of Representatives, the law hit a snag in May when U.S. District Judge Rosemary M. Collyer in the District of Columbia ruled the administration has been improperly funding the Obamacare subsidy program.
Though Congress authorized the program, it didn’t appropriate funding for it, Collyer said in her opinion.
7. Regulating Water
The U.S. Court of Appeals for the Sixth Circuit, based in Cincinnati, ruled that the Obama administration’s Waters of the United States rule wasn’t legal, asserting that it clashed with Supreme Court precedent. The EPA unsuccessfully argued that bodies of water could be under federal control because of their connection to larger bodies of water.
Trump has already announced who he would nominate to the nation’s highest courts, and his choices were roundly praised by constitutional conservatives. With Indiana Gov. Mike Pence as his second-in-command, there is every reason to believe lower courts will also be filled with similar appointees. But we can’t continue to believe that a Clinton presidency’s illegal actions would be stemmed if she were able to pack the high court with her Left-wing appointees. We simply can’t take the chance.
It’s either Trump, or we lose our country.
(c) 2016 USA Features Media.