Sen. Ron Wyden (D-OR) called on President Joe Biden Thursday to emulate Abraham Lincoln and ignore the likely coming nationwide ban of abortion drug mifepristone, expected to be handed down soon by a federal judge the senator described as an “anti-abortion zealot.”
Pandora’s box comes to mind if we allow Presidents to ignore court orders. Lincoln could have ignored Dred Scott, but it didn’t really affect what the Executive Branch was doing. Wyden’s advice, though, is really troublesome.
Historically, Democrats have respected the Constitution and “the system.” Although appealing in the short term, setting a precedent for ignoring decisions of the Judicial branch and thus basically cutting it out as a co-equal or even a relevant branch of government is bad. Destructive to the “rule of law”, which apparently only the Democratic Party still respects.
I’d say take it all the way up to the Scotus before putting any irreversible, system-destroying options on the table.
I’ll just observe that – rightly or wrongly – there are multiple precedents.
"To carry through the decision of the Court to its logical and inescapable end will so endanger the people of this Nation that I am compelled to look beyond the letter of the law.” – FDR, 1935.
I have to agree with zandru and @ george_c here. And I suspect our views will also be those of the Administration. Wyden is my Senator, but I think he’s wrong here.
The next shoe to drop in the Right wing war on our government may actually be their ignoring judicial decisions. We don’t want to give that any cover.
“Plaintiffs’ and other litigants’ ongoing tactic of filing many of their lawsuits against the federal government in single judge divisions, or divisions where they are otherwise almost always guaranteed to procure a particular judge,
What’s the point to saturating the federal bench with right wing ideologues if you can’t then forum shop to pick the rightest of the right.
undermines public confidence in the administration of justice,”
Libruls have been grooming and indoctrinating people with this notion of “justice” that runs counter to the country’s founding as a white, evangelical nation governed by fundamentalist Xtian law. We’ve been on a slippery slope ever since Jefferson said something about all men being created equal.
They don’t have to ignore judicial decisions. They have the unfair advantage of a Supreme Court that nullifies laws and ignores precedents that are inconvenient to their mission.
Wyden’s suggestion to Biden may be impractical or even illegal. Nevertheless this map shows how close women are to losing the right to choose to not give birth even if rape or incest is involved. Something very aggressive which will withstand a challenge must be done and right away.
It’s not. The politically motivated judiciary is the troubling aspect. The executive has the power of enforcing the laws. It is perfectly within the offices power to constitutionally ignore judicial rulings. The check on that power would be a Congressional impeachment. Wyden knows what he is talking about and it is the correct advice.