Newt Gingrich's 'unhinged' assault on the judiciary
Newt is fading in the polls, but he won't go quietly. His latest grenade? President Gingrich would arrest activist judges and ignore some Supreme Court rulings

Newt Gingrich is a former House speaker who is running for president, so perhaps it's no surprise that his least favorite branch of government appears to be the judiciary. Over the weekend, Gingrich told reporters that as president, he'd have the power to eliminate entire federal courts, replace "activist judges," and even ignore certain Supreme Court rulings. He also said Congress should subpoena federal judges whose decisions are "strikingly at variance with America," and that the president could send U.S. Marshals to force unwilling judges to testify. This assault on the independence of the judiciary was roundly criticized, even by conservatives who broadly agree with Gingrich that federal courts are overreaching. What is Gingrich thinking?
Newt is either pandering, or he's nuts: The closer Newt gets to the nomination, "the more unhinged" his attacks on the judiciary seem to become, says Andrew Cohen at The Atlantic. The GOP base hates liberal judges, so maybe Newt is "committing constitutional heresy just to win a few primary votes." But if not, we must assume that he actually buys this crackpot "Rock-Paper-Scissors version" of the Constitution, in which the president and Congress can overrule the Supreme Court. That's frightening.
"Newt Gingrich and his 'Rock, Paper, Scissors' Constitution"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
He's going after the separation of church and state: If you look closely, says Kevin Drum at Mother Jones, Newt is only advocating toothless courts when it comes to religion in the public square. "It's really nativity scenes and prayer in public shool that animate him on this subject." That's the motivation behind Newt's comments. He wants America to be a state-supported Christian nation "without any pesky courts getting in the way."
There's at least a nugget of truth in Newt's rant: People are "dumping on Gingrich, for mostly good reason," says Glenn Reynolds at Instapundit. But he's right that we could use a "constitutional reset" after "the hash the Supreme Court has made of things over the past 50 years." That's what Newt is good at: "Tossing a stink bomb... and letting the ensuing reaction demonstrate that there's something rotten about the status quo." But as with fellow former academic President Obama, some musings are best left to professors.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Scientists want to fight malaria by poisoning mosquitoes with human blood
Under the radar Drugging the bugs
By Devika Rao, The Week US Published
-
Crossword: March 31, 2025
The Week's daily crossword
By The Week Staff Published
-
Sudoku medium: March 31, 2025
The Week's daily medium sudoku puzzle
By The Week Staff Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published