Impeach Judge Walker
By: Craig Chamberlain
You know the old line about pornography: you can’t define it, but you know it when you see it. The same rule applies to judicial activism and incompetence, and right now no judge in the country is the poster boy for judicial activism than judge Vaughn Walker. Walker, a President George H. W. Bush appointee, decided that the votes of millions of Californians meant nothing, that amending the constitution was unconstitutional, and that he was the maker of the law, not the interpreter of it.
Judge Walker, an admitted homosexual, should have recused himself from the case if he cared about judicial neutrality. That didn’t happen. Judge Walker made it very clear, from the beginning of the case, who he sympathized with and how he was going to rule. His bias was on display throughout the entire trial. He sought, unsuccessfully, to have the trial televised so that supporters of Proposition 8 could be open to even more harassment.He sought the name of every donor so that they could be blacklisted like so many others were. So when his decision striking down proposition 8 came in, no one was exactly surprised. What was surprising with the reach of his decision. Even supporters of gay marriage have called it radical, though, on the whole they are ecstatic with joy at the results.
Not only did judge Walker strike down proposition 8, he went far beyond that. Declaring that any restriction of gay marriage is not only unconstitutional, but is solely motivated by irrational bigotry. So judge Walker, in essence, lashed out at every state that defines marriage to be between one man and one woman only. This decision could end up being the Roe V. Wade of marriage. The more one reads judge Walkers opinion, however, the more it is clear that he is the one who has a problem with rationality.
In the histrionic rantings that he tried to pass off for a judicial decision, judge Walker claimed gender doesn’t matter. It’s ironic, the left always claims to be pro science, until the science doesn’t back the politics. Ignoring basic biology, judge Walker and his leftist allies claim that gender is a sociological construct, and biology has nothing to do with it. You’re not a man because you have a Y chromosome, you’re a man as long as you think you’re a man, no matter what body parts you have. The same applies to men who think they are women.
Judge Walker then went on to dismantle thousands of years of western history. Denying the role of procreation and child rearing that went into marriage, judge Walker insisted that marriage was a purely social contract with no importance placed on child rearing. Judge Walker further argued that the benefits of gay marriage were “beyond doubt.”(if you’re against gay marriage, you’re a bigot plain and simple. Why a federal judge said so, so it must be true) According to whom? According to a militantly gay, San Francisco judge who is more than willing to ignore the votes of millions of people, ignore federal law, and stomp on the constitution.
Judge Walker wasn’t finished. It wasn’t enough that he struck down a perfectly legal, and constitutional, vote he had to try to implement his decision immediately to permanently alter the culture and status quo of the state. So that even if he were defeated on appeal he would have allowed thousands of gay marriages to have already taken place. Still he went further than that. He declared that the defenders of traditional marriage had no legal standing to challenge his ruling, thus no appeal could take place, and the advocates of gay marriage win, permanently, by judicial decree.
This is why leftists love the federal judiciary so much. They can get at the bang of a gavel what they can’t get at the polling place. It’s the one place that is beyond the reach of the voters that the progressives so detest. Judge Walker not only proved himself an activist in the worst sense of the word, he proved himself incompetent beyond doubt. The constitution says that a judge shall stay on the bench for “good behavior” overturning legal votes, and making up the law as you go is bad behavior, if it’s not then nothing is. It’s fairly likely that the his decision will be affirmed by the ninth circuit court, even though they have stayed the implementation of his decision. It’s unclear how the Supreme Court will rule, if it gets that far.
Even if his decision is overturned, and that’s far from certain, what is certain is that judge Walker has shown that he cares far more about politics than he does about the law. As such he is no longer fit to serve on the federal bench. We don’t let Congressman who take kickbacks, rig votes in their district to ensure reelection, or take bribes to stay in office. Why should a judge, who has so blatantly violated the proper role for a judge, be allowed to remain on the bench. Good behavior doesn’t simply mean the absence of criminal behavior. It means that he executes his office fairly, and justly, in accordance with the law. Judge Walker hasn’t done that. There is nothing inherently sacred about the personage of a federal judge, if they don’t do their jobs then they have to be removed from office.
When the GOP retakes congress, the impeachment of judge walker should be high on their list of priorities. For too long we have allowed incompetent, and tyrannical judges to go far beyond their constitutional role. As a nation we believe in judicial review, we believe in an independent judiciary. But we don’t believe in judicial supremacy. Insisting that the judiciary stay within it’s constitutionally assigned role doesn’t mean that there is a threat against an independent judiciary, anymore than insisting that the executive, or the legislative branches stay within their constitutionally assigned roles, means that you’re against the President or Congress.
Judge Walker has shown his true colors. He’s not a judge, he’s an oligarch. He’s crossed the line of his responsibility, now it’s up to Congress to take up their responsibility.