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Activist Courts and Rogue Governors Are Eroding Law and Order

When unelected judges and unilateral executives can override the people's will on monuments, justice, and national defense, the constitutional order itself is at stake.

Right News EditorialPublished November 6, 2026 at 8:00 PM

The constitutional order is under siege not by foreign armies but by unelected officials who treat the people's will as an inconvenience. The latest example is U.S. District Judge Tanya Chutkan's 14-day stay on construction of the Triumphal Arch in Washington, D.C., a project approved 8-4 by the National Capital Planning Commission and designed to honor American veterans with inscriptions such as "One Nation Under God" and "Liberty and Justice for All." When a single district judge can freeze a patriotic monument backed by the administration and the planning commission, the judiciary is no longer interpreting the law—it is vetoing national pride.

The same contempt for democratic mandates appears in Sacramento. Governor Gavin Newsom has unilaterally commuted the death sentences of all 548 inmates on California's death row, despite voters twice rejecting ballot initiatives to abolish capital punishment.

Los Angeles County District Attorney Nathan Hochman is correct: a governor may commute individual cases, but only the voters or the legislature can eliminate the death penalty entirely.

By clearing death row in one stroke, Newsom has erased the legal consequences for some of the state's most brutal killers and denied victims' families the finality the law once promised, substituting his personal conscience for the rule of law.

Abroad, the consequences of weak resolve are equally stark. Satellite imagery confirms Iran is repairing missile bases damaged by U.S. and Israeli strikes and moving critical infrastructure underground at sites including Garmdareh, Shahroud, Parchin, Karaj, and Qom.

The Islamic Revolutionary Guards Corps is tunneling deeper to hide lethal assets while the regime continues to broadcast missile stockpiles and pour resources into fortifications rather than its crumbling economy. Tehran's priorities are unmistakable: survival and aggression, not peace.

At home, the economy is proving more resilient than the regulators who seek to manage it. The Nasdaq Composite rebounded roughly 1.7 percent on Friday, with Nvidia recovering 4 percent after a 9 percent slide and AMD and Micron posting double-digit gains. October brought 165,000 new jobs—more than double forecasts—and unemployment fell to 4.1 percent.

This strength persists despite threats of heavy-handed federal regulation on artificial intelligence and data centers from a Democrat-controlled Congress. The lesson is clear: American innovation thrives when government gets out of the way.

The common thread running through these stories is the replacement of accountable government with unaccountable power. An activist judge blocks a veterans' memorial. A governor nullifies capital punishment against the expressed will of the electorate.

A hostile regime rebuilds its missile program beneath the earth while markets brace for bureaucratic interference. Liberty, sovereignty, law and order, and accountable government all depend on restoring the proper boundaries between the branches, between the state and the people, and between the United States and its adversaries.

The administration should see the arch litigation through to a successful conclusion. Californians must reject the notion that one man's conscience can override the voters. Washington must confront Iran's underground buildup with the seriousness it deserves. And policymakers should protect the innovation economy from the regulatory overreach now gathering in Congress. A nation that refuses to defend its monuments, its laws, its borders, and its markets will soon find it has nothing left to defend.

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Judicial OverreachDeath PenaltyIranFree Markets
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This is an original Right News editorial for edition November 6, 2026 at 8:00 PM. It argues a conservative point of view grounded in the curated stories on that edition's front page.