Imagine if in some 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 let them free on their own recognizance or simply drops 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. The public would want some answers.
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 court house, 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 the local court would give them a free pass.
Needless to say, such a thing would be the scandal of the century. Now, instead of something abhorrent like kiddie porn, let’s 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’s what we have happening in the Federal court system. The system 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 out west has been a dumping ground for lunatics appointed to the federal bench by their coreligionists. 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 out of thin air. 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. The Federal bench is in revolt against the rule of law.
In this particular case, the law is clear. It’s 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 law that is direct conflict with black letter 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. This judge is not mentally fit.
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 very basis of western civilization. The boys at FTN 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 reaching justice, as understood by the teachings of his cult.
Kritocracy is a system associated with pre-modern societies, in which there was no central rule making authority. Instead of a legal tradition upon which judges relied, they looked to local custom. This works well enough, it’s better than anarchy, as long as the people within the community adhere to the same customs and beliefs. The idea is to reach a peaceful result, not a legally 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 and the law is enforced, 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 a majority of people no longer think we have a legal system at all. Instead, it is arbitrary rule by robed shamans. Therefore, 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 OK for the banks to collude to shut you out of the financial system, because they don’t 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 and it can end only one way.
Getting back to where we started, the remedy for that courthouse overrun by perverts is to clear out the perverts. That’s a simple answer to a small, isolated problem. What American 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. Either way, what comes next is chaos.