District Judge Fred Biery’s ruling that prohibited high school students from using religious language at a graduation ceremony, even threatening school organizers with jail time if his order was violated, is so far outside the bounds of mainstream America that Congress must eliminate his judgeship.
So says Newt Gingrich. And he’s making it part of his campaign theme for President moving forward.
“I’m going to raise the banner that we don’t have to tolerate this level of anti-American activism by elitist judges,” Gingrich told HUMAN EVENTS.
“Do you think an American judge should threaten high school administrators with going to jail for using the word prayer? If you don’t, then what are you going to do about it? Don’t tell us you’re powerless.”
The “you” Gingrich speaks of is Congress. He told HUMAN EVENTS that it’s in Congress’ purview to abolish the seats of judges who make “irrational” decisions based on their radical ideology.
“How can you possibly justify an American judge speaking like that?”
Earlier this month, Biery, a U.S. district judge in Texas, ordered that students participating in the Medina Valley Independent School District graduation were forbidden from uttering the words “prayer,” “amen,” “bow their heads” or any other religious reference. Biery vowed incarceration for those defying his order.
While Biery’s diktat was halted by the Fifth Circuit Court of Appeals, Gingrich is demanding that Congress no longer tolerate the judicial “speech police.”
Gingrich cites the Judicial Reform Act of 1802, in which Thomas Jefferson eliminated more than half of the sitting judgeships, nixing 18 out of 35 of them. Congress, Gingrich notes, should follow Jefferson’s lead and introduce legislation that targets extremist judges, including the infamous Ninth Circuit.
“If you had a Republican Senate, a Republican House and Republican President, you could do substantial things to the judiciary.”
Americans don’t have to feel “powerless” anymore, he added.
“A judge this dictatorial to high school students shouldn’t be in office.”
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