DANIEL VAUGHAN: Impeach And Remove Obama’s Imperial Judiciary

For all the talk of “No Kings” on the left, the real issue is an imperial judiciary. We’ve reached the final iteration of the “living constitution” mindset among liberals. There’s no belief in a rule of law; they believe the law is whatever they think on a given day.

What I’ve said there may seem harsh, but it barely scratches the surface. Obama appointee U.S. District Judge Indira Talwani granted an injunction blocking Congress from ending funding from Planned Parenthood for a year. According to this judge, Congress doesn’t hold the purse strings – she does.

If you’re wondering what statute, case, or provision in the Constitution she’s citing to get there, you’d be asking more of her than she gives. None of the above is present in her opinion. It’s rank legislating and punditry in the form of judicial opinion.

She writes, “Patients are likely to suffer adverse health consequences where care is disrupted or unavailable … In particular, restricting Members’ ability to provide healthcare services threatens an increase in unintended pregnancies and attendant complications because of reduced access to effective contraceptives, and an increase in undiagnosed and untreated STIs.”

I don’t care if you agree or disagree with her on that point. It doesn’t matter. Congress passed a funding bill. There were long debates. Nothing in the U.S. Constitution or federal law forces Congress, the federal government, or taxpayers to pay anyone like this. That’s especially true when the legislative process rules against you.

It’s an indefensible opinion. That’s why not even the Washington Post Editorial Board could keep quiet on it. They published an editorial headlined, “This is what judicial overreach looks like.”

They write, “By curbing funding for abortion providers, social conservatives have advanced one of their longtime legislative priorities, fair and square. To protect that funding in the future, liberals will need to make the case to voters in 2026 and 2028. Judicial fiat cannot substitute for democratic legitimacy.”

The Post is correct. A big spending bill that decides who and what gets money from the federal government is the central purpose of Congress. Every choice in that legislative process is inherently political.

There’s no secret constitutional provision that lets her claim her preferred funding provisions are more constitutional than others. These are discretionary funds that Congress doles out as priorities as it chooses. When Democrats are in charge, they call the shots. The same is true of Republicans.

Abortion is a sacred cow for the left. And Judge Talwani is inventing constitutional law to get to her preferred outcome. This is definitional judicial imperialism, and it must get shut down immediately.

The avenue for stopping this sits in two places. First, the Appeals courts need to shut this case down immediately. And the appeals judges need to take specific aim at the egregious opinion Talwani wrote, which is disconnected from the law and the judicial oath she swore.

Second, Congress can respond to this by impeaching Talwani. This power sits solely in the hands of Congress. And because it is a political power, Congress can define whatever basis it wants for impeaching her.

In this specific instance, Talwani should be impeached and removed for violating the oath of office. “Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”

Inventing law ex nihilo and claiming Congress can no longer fund or defund things violates this oath. She’s not faithfully or impartially discharging her duties, she’s not following the Constitution, and she has elevated herself above Congress. In one opinion, she has declared more power than the entire elected body created in a democratic process.

This isn’t the rule of law, it’s the rule of one. It’s a single judge declaring themselves supreme and issuing opinions on whatever they want. There’s no good faith reading of her opinion. It’s a direct challenge to the authority and power of the executive and legislative branches.

Congress is entirely within its rights and should pursue removal proceedings for Judge Indira Talwani. This is not just a “bad case” where reasonable people can disagree. Talwani is setting herself up as the supreme judicial leader of America.

It’s arrogant and overthrows centuries of settled case law, constitutional law, and the rule of law. Her ruling is inexcusable on every level, and she should no longer try cases in the United States.

Remove her, Congress.

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