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2025-05-01

Bob Onder's Recent Survey, Should Rogue District Judges have the Same Scope of Power as the Supreme Court

Dear Representative Onder,

Thank you for your recent communication asking whether "rogue district judges should have the same scope of power as the Supreme Court."

Respectfully, I must express deep concern about the framing of this question. The term “rogue” is both vague and inflammatory. One person's "rogue judge" may be another’s principled defender of constitutional rights. Our judicial system is built precisely to allow for disagreements, for challenges, and for measured, multi-tiered resolution. It’s not chaos—it’s checks and balances in action.

At the heart of our republic lies the genius of the Constitution: three co-equal branches of government, each with distinct powers, designed to hold one another accountable. District courts play a vital role in this system. They are not rogue actors; they are the lawful first stop for citizens seeking redress, including challenges to executive actions that may exceed statutory or constitutional limits.

The Supreme Court is indeed the final interpreter of constitutional questions—but how is a citizen to reach the highest court without first going through the lower courts? Undermining the scope and authority of those courts does not strengthen democracy—it weakens it.

If anything, the recent rulings from lower courts, even when inconvenient to those in power, show that our legal system still works. If we trust the Constitution, we must also trust the process it sets forth, even when the outcomes are not politically expedient.

I urge you to avoid supporting any legislation that seeks to restrict or intimidate members of the judiciary. Instead, let’s reaffirm our shared commitment to constitutional order, judicial independence, and the rule of law.

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