Scholar’s Concern: When Politicians Browbeat Our Courts

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Sen. Ted Cruz, a Republican candidate for president, recently introduced a bill to bar federal courts from ruling on state marriage laws. In Huffington Post, a legal scholar calls the measure “bullying” and akin to declaring “war on the independent judiciary.”

Cruz introduced in April his Protect Marriage from the Courts Act of 2015. “Judges have taken an unprecedented activist role to strike down state marriage laws,” he said at the time.  But Law Professor Alex Glashausser of Washburn University in Topeka, Ks. writes at Huffington Post that Cruz’s approach is misguided, and like court defunding legislation recently signed into law in Kansas (see Gavel Grab), a kind of court bashing:

“This legislative attempt to restrain the judicial branch violates the separation-of-powers doctrine, and the invitation to state judges to ignore a Supreme Court decision makes a hash of the constitutional enshrinement of federal law as ‘the supreme Law of the Land.'”

“If the political branches wield necessities like jurisdiction and budgets as weapons for browbeating courts into submission, the damage to judicial independence will in turn erode the rule of law.”

You can learn more from the Justice at Stake web page about court-stripping,  the removal of specific cases, or types of cases, from a court’s jurisdiction. This prevents courts from playing their vital role in our system of checks and balances—protecting individual rights, and ensuring that other branches of government uphold the law and Constitution.