Legislating from the Bench

Before the Senate vote for Judge Jackson, I contacted Senator Tillis and encouraged him to vote for her. After voting against her,  he answered me explaining that, while he found her well qualified, he was concerned that she would “legislate from the bench.” I wonder how the Senator views the recent ruling of Judge Kathryn K. Mizelle who voided the national mask mandate for public transportation?

In her 57-page ruling,  Judge Mizelle writes: “Wearing a mask cleans nothing. At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

So, here we have a 33-year-old, newly appointed judge for life, not approved by the ABA, who writes that the CDC does not know its science, and that she knows more of masks that it does. By the way, the ABA stated that its reasons for giving Mizelle a “not qualified” rating include that “since her admission to the bar [2012] Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel.”

Legislating from the bench is a problem, but not with Judge Jackson.

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