From Eric Yollick for Judge <[email protected]>
Subject The Constitution Matters
Date May 21, 2020 12:44 PM
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(Photograph: James "Trey" Trainor, III, who won confirmation to the Federal Election Commission on May 19, 2020).

The Constitution matters.

Things haven't worked out so well for conservatives, however. Clearly, Tea Party groups, such as the Texas Patriots PAC and others, haven't done a very good job selecting judicial candidates over the years. They look to experience, qualifications, and "judicial temperament," and then end up with people they endorse like the one judge who repeatedly ruled that certain horrific offenders could get off scot-free. There is one current District Judge who is serving in Montgomery County whom that organization has opposed in almost every election, but, when she began serving, she has been an outstanding judge in her rulings and in her management of her court.

So what is the problem? Why do brilliant judicial minds, such as Associate Supreme Court Justice Antonin Scalia or former Chief Justice William Rehnquist not lead their courts, often with a majority of Republicans appointed or elected thereon, to sound decisions which comport with the United States and Texas Constitutions?

Why have we suffered:
- Obergefell versus Hodges (judicially mandating same-sex marriages across America in 2015 with 5 Republican appointees out of 9 on the Supreme Court?
- King versus Burwell (upholding the legality of Obamacare in 2015 with 5 GOP appointees out of 9)?
- Roe versus Wade? (in 1973, prohibiting states from banning abortions in 1973 with 6 Republican appointees out of 9 on the Supreme Court)?
- Griswold versus Connecticut (in 1965, creating "substantive due process" out of thin air to allow courts across America to legislate from the bench with 4 Republican appointees out of 9 on the Supreme Court, but with 3 of the 4 joining in the decision!)?

Perhaps, it's time for conservatives to look at electing or appointing those who will strictly follow the Constitution closely. Clearly, it's time for conservatives to gather behind judicial candidates, who have the heart of a political activist but the mind of a legal scholar.

Now, let's not get confused. A conservative political activist OPPOSES judicial activism, i.e., legislating from the bench. Liberals have successfully forced their agenda upon us through their appointments and elections of liberal activists on the bench.

Unless conservatives really believe the Constitution matters rather than liberal political correctness' so-called "judicial temperament" (which means they're liberal and willing to become judicial activists), then conservatives better wake up and realize they've been nominating the wrong types of people. They need individuals, such as Justice Scalia, who have the heart of political activists and who are also legal scholars. Another great current example is James "Trey" Trainor, III, whom the United States Senate confirmed on a 49 to 43 vote yesterday to serve on the Federal Election Commission.

I'm happy to have received the endorsement of Texans for Courageous Courts, a project of Empower Texans, the largest grassroots conservative organization in Texas. Finding judges who will fight for the Constitution and the rule of law and electing them to office, must be our priority.

By the way, don't let judicial candidates hide behind the Texas Judicial Conduct Code. The law in America is that judicial candidates have every right of Free Political Speech under the First Amendment to express their opinions on political issues, as long as they don't express how they would rule in a particular case with particular facts before them.

Eric Yollick

Pd. Poli. Adv., Eric Yollick for 457th District Judge, R.A. "Mickey" Deison, Treasurer.

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