This is one of the arguments that I have against the current fashion of railing against “activist judges”…and the resulting push to limit judicial power.  Judicial power is the one branch of government that the current majority party does not have a lock-hold on.  I don’t think it’s an accident that they are fermenting a grass-roots push to “limit” the discretion of “activist judges”.

     There’s only so much they can do with regards to judicial appointments.  Even many partisan judges have found it necessary to occasionally serve the law above their political ideology.  They're just not reliable enough…

     But suppose we could get the “will of the people” behind a set of laws that made the judiciary make the decisions that the administration and their allies want them to make?  Hmmm…

     Sure, it would be nice to have a justice system that was always fast, clean, and 100% just…but while the appearance of unwavering consistency might be comforting for some…it’s not necessarily justice.