Mat Staver, the attorney behind the Religious Right legal group Liberty Counsel, guest-hosted VCY America’s “Crosstalk” program on June 26, the day that the Supreme Court ruled in the church-state case Trinity Lutheran Church v. Comer. While Staver was happy with the Trinity Lutheran ruling, he told a caller that he was frustrated with Congress’ refusal to impeach Supreme Court justices and other federal judges who “create law” on issues like abortion rights and same-sex marriage.
“You know, as these life-long appointments, certainly the founders understood that they wanted these individuals to, number one, not be affected by the political cycle, and number two, they thought Congress would do its job and impeach people whenever they stepped out of line,” Staver said. “But Congress hasn’t done its job and we’ve allowed these cases to get out of control.”
The Supreme Court, he said, has been too often “inventing law” in cases like Roe v. Wade and Obergefell v. Hodges.
“When they go so far afield as to create law that has no basis at all in the Constitution, Congress ought to exercise its authority to impeach,” he said.
Staver acknowledged that a constitutional amendment could impose term limits on federal judges, but he insisted “if Congress would do its job, we would not have to tinker with the Constitution.”
Instead, he said, the courts have become an “unchecked branch of government that becomes the superpower, the dictator if you will, to the American people.”