Ninth Circuit Under Attack
A week or so ago, I posted a bit about the SpongeDob fanatics wanting to dismantle the Ninth Circuit. Frankly, I didn't even think it was a realistic possibility (Congress has the power to create, and presumably to dismantle or reallocate the federal courts--something Otter's wife kindly pointed out). Today, I caught this in the Washington Times interview with Tom DeLay:

Mr. DeLay: I blame Congress over the last 50 to 100 years for not standing up and taking its responsibility given to it by the Constitution. The reason the judiciary has been able to impose a separation of church and state that's nowhere in the Constitution is that Congress didn't stop them. The reason we had judicial review is because Congress didn't stop them. The reason we had a right to privacy is because Congress didn't stop them.
Mr. Dinan: How can Congress stop them?
Mr. DeLay: There's all kinds of ways available to them.
Mr. Dinan: You tried two last year on the Defense of Marriage Act and the Pledge of Allegiance, and the Senate didn't go along with those.
Mr. DeLay: We're having to change a whole culture in this - a culture created by law schools. People really believe that these are nine gods, and that all wisdom is vested in them. This means it's a slow, long-term process. I mean, we passed six bills out of the House limiting jurisdiction. We passed an amendment last September breaking up the Ninth Circuit. These are all things that have passed the House of Representatives.

Not only can they do it, they've already begun the process.
- posted by TJ @ 2:57 PM