This ruling is judicial legislation; plain and simple. The question is, at what point should a judge be removed from their duties? A reasonable congress would pass a law stating that, if a judge willfully and purposefully exceeds their judicial authority and/or attempts to override SCOTUS case law without ample justification, they should be barred from holding any judicial appointment in perpetuity.
Outside of individually impeaching every rogue judge, this appears to be the only mechanism where by congress could reign in a rogue Court.
This ruling reeks of political obstruction dressed up as process. If the board meets again, parades in construction experts, facilities engineers, safety consultants, structural reports, closure timelines, cost estimates, and public-risk evidence, then what is Cooper left with? Nothing. He cannot run the building from the bench. He cannot become a super-trustee because Representative Joyce Beatty lost a board vote. The renaming fight may be different because Congress wrote statutory language. But the closure injunction is the tell. It is not law. It is an Obama judge saying Trump did not deliberate nicely enough. Fine. Deliberate again. Then close it.
I very much enjoy your diligent documented analysis.
This ruling is judicial legislation; plain and simple. The question is, at what point should a judge be removed from their duties? A reasonable congress would pass a law stating that, if a judge willfully and purposefully exceeds their judicial authority and/or attempts to override SCOTUS case law without ample justification, they should be barred from holding any judicial appointment in perpetuity.
Outside of individually impeaching every rogue judge, this appears to be the only mechanism where by congress could reign in a rogue Court.
This ruling reeks of political obstruction dressed up as process. If the board meets again, parades in construction experts, facilities engineers, safety consultants, structural reports, closure timelines, cost estimates, and public-risk evidence, then what is Cooper left with? Nothing. He cannot run the building from the bench. He cannot become a super-trustee because Representative Joyce Beatty lost a board vote. The renaming fight may be different because Congress wrote statutory language. But the closure injunction is the tell. It is not law. It is an Obama judge saying Trump did not deliberate nicely enough. Fine. Deliberate again. Then close it.