Imagine if in a local courthouse, we discover that the judges are giving accused child pornographers a free pass. The accused come into the system, get booked and then a judge finds some reason to either leave them free on their own recognizance or simply drop the charges. After a while, someone notices that this sleepy little courthouse has a rather high number of people arrested for kiddie porn, but that all of them get set free on some technicality by one of the judges.
Upon further inquiry, it is learned that the head judge belongs to some weird club that thinks the age of consent is immoral, that adults should be free to have sex with children and consume child pornography. Once installed at the courthouse, he hired other judges from his club, as well as clerks and secretaries. The whole courthouse was full of these people. Further, the child porn people heard about it so they would travel to this jurisdiction to indulge in their fetish, knowing they would get a free pass.
Such a thing would be the scandal of the century. Now, instead of something abhorrent like kiddie porn, let us say the secret club is composed of people loyal to some strange religion or bizarre ideology. They think the laws of the country are immoral and seek to overturn the entire legal system. Instead of operating in a local courthouse, they are targeting the federal system. In other words, it is the same sort of conspiracy, but the motivation is ideological, and the target is national.
That is what happens in the federal court system. It is riddled with judges who belong to a bizarre political cult. They are members of a legal sub-cult that does not accept the rule of law. Instead, they think the law and the enforcement of the law should always be in support of their cult’s radical agenda. As such, they no longer abide by the law as written and refuse to obey the authority that issues the law. That is what we are seeing on a daily basis, as federal judges revolt against the legal system.
This is not a new thing. The legendary ninth circuit has been a dumping ground for lunatics appointed to the federal bench. Rulings come out of the ninth circuit, only to be struck down on appeal. The reason the ninth existed was that everyone acknowledged the existence of this cult, but instead of exterminating it and its members, the idea was to keep them bottled up in specific circuits. It was like a quarantine around an infected zone. Rather than kill the afflicted, they would be isolated.
To continue the metaphor, the virus has jumped the quarantine and now the entire system is showing signs of infection. For two years the Trump administration has been plagued with federal judges who just make up rulings. In many cases they are ruling on behalf of plaintiffs who have no standing in the court. In other cases, they are simply making up legal theories so bizarre they would get a first-year law student dismissed from school on mental health grounds.
In this particular case, the law is clear. It is not just US law, but international law. There is a legal process for applying for asylum. No country is required to accept anyone who does not follow the procedures. US law is crystal clear on the issue, yet this judge is making up stuff that is in direct conflict with the law. This is no less deranged than if the judge stood up, stripped off his clothes and declared he is an invisible chicken and that everyone in the court must cluck in worship to him.
Yet, this judge is not an exception. He is now the rule. The federal system is full of his fellow cultists, trained in a bizarre legal theory that insists there is no law, just an unwritten ideology that is the rejection of the basis of Western civilization. People jokingly call it the kritarchy, but it is not a bad way to think of it. Instead of the judge being a neutral interpreter of law, as is the Western tradition, the judge in this cult is a shaman, charged with spreading the cult’s ideology.
Kritarchy is a system associated with pre-modern societies, in which there was no central rule making authority. Instead of a written laws, there is custom. This works well enough, it is better than anarchy, if the people within the community adhere to the same customs and beliefs. The idea is to reach a peaceful and practical result, not a logically consistent one. In a modern, rule-based society, this form of legal theory is as alien as human sacrifice. It is an assault on civil order.
The thing is the outcomes are not important here. Even if this lunatic is overruled, the damage that is being done to civil order is incalculable. Every time one of these cult members gets on the bench and starts making these bizarre rulings, public trust in the legal system is eroded. We are very close to the point where most people no longer think we have a legal system at all. Instead, it is arbitrary rule by robed shamans, so the law is irrelevant and the system for writing laws is illegitimate.
We now live in an age in which the federal court says the White House cannot decide who gets a press pass, but it is perfectly fine for the banks to collude to shut you out of the financial system, because they do not like how you voted. The law says a business can fire an employee, because he does not accept the company values, but the same business must hire a mentally unstable man in a sundress and let him watch the female employees undress. This is a revolt against rationality and reason.
Getting back to where we started, the remedy for that courthouse overrun by perverts is to clear out the perverts. What America faces is the near total takeover of the institutions by a secular cult that is evolving into a suicidal mystery cult. Removing the believers from positions of authority will not be peaceful. Allowing their madness to run its course will not be peaceful either, as the overthrow of order can only lead to anarchy and what always follows is chaos.