Pete Sessions: “Well, the checks and balances did not work in the Ninth Circuit, as Senator Reid guaranteed virtually it would when he…”

“Well, the checks and balances did not work in the Ninth Circuit, as Senator Reid guaranteed virtually it would when he made remarks suggesting that panel was going to override the three-judge panel. The problem is, and the reason it is important, is these are rulings that reflect a person's personal views. A judge should not overcome the law. If he wants to go out and write letters and argue that the death penalty is unfair and should be repealed, I guess if he can do that consistent with his ethical standards, that is all right. He certainly can make reasoned remarks on it. I do not think he should use the power of his bench to strike it down. There are many more examples of recent rulings with which most Americans would not agree. Take for example a recent ruling concerning the Ohio State motto, 'With God all things are possible.' The Sixth Circuit recently told Ohio its motto was unconstitutional. What about ours, 'In God We Trust'? It would take a Philadelphia lawyer to distinguish why 'In God We Trust' is OK and the Ohio motto 'With God all things are possible,' is not. The Sixth Circuit told Ohio its motto was unconstitutional because it established a religion, and that is really weird. There are many cases around the country where you cannot have Christmas decorations put up. We have death penalty laws being struck down. We have three-strikes-and-you're-out laws being struck down. If they violate the Constitution, that is all right; they should be stricken.”