Own Motion, or Sua Sponte is the principle at law that a court may bring a case before itself and make a judgment before any plaintiff or defendant has made argument before that Court.
Sua Sponte, according to Cornell Law, is usually done for a judge to get OUT of hearing a case because some conflict of interest exists which would prohibit that jurist from making a fair and impartial decision.
The Left has brought "The Resistance", an organized effort to subvert and undermine the authority of a duly-elected President of the United States. There are two strategies involved, the first being Deep State (UniParty) in which Democrats and GOPes get together in back rooms to decide on the tactics of subversion, but the other method is to bring lawsuits against almost every policy and Executive Order of POTUS Trump.
The lawsuits are invariably brought in the Federal District Courts, where 77% of the jurists are liberal hacks. 70% are liberal in Appeals Courts. The whole objective here is to slow-roll the Trump Administration so that in 2020, we will hear the Left campaign for their socialist du jour by saying "Trump dindu nuffin".
This "Resistance" amounts to an ongoing Constitutional Crisis and has NO parallel in US political history. The SCOTUS could put a screeching halt to this abuse of the Courts for political gain by simply insisting that the burden of proof will be on the jurists who hear these lawsuits to prove that they should not have recused themselves Sua Sponte.
Sua Sponte has another use, though. The SCOTUS could immediately grab EVERY single case against a POTUS EO or policy change and elevate it to THEIR Court, Sua Sponte. If they did this, the "Resistance" would fade away like an April snowfall, within days.
Scotus could ALSO take Judicial Notice of these politically-charged judgments by the lower Court, and if appropriate, de-certify the jurists involved from hearing such cases in the future. Impeachment by Congress would certainly follow such Judicial Notice by SCOTUS.
Cheif Justice Roberts, YOU can, by yourself, save our Constitutional form of government and it's Balance of Powers. See to it, please. It's your duty, sir.
Cross-posted on my Facebook page.
A friend of mine here in the Portlandia area is fond of suggesting a study of the people who are appointed to judgeships. He points out that judges nearly always retire mid-term, with the result that their replacements are appointed (by the governor, I presume) mid-term and then run as incumbents at the next election. Usually unopposed. The process is obviously open to political manipulation.
Posted by: Daniel K Day | October 21, 2017 at 20:34