Either he's an idiot, which I do not believe or he is pandering to the basest instincts of those in the Republican Party who have an almost reflexive distrust of Federal Judges.
He knows better than to do this but is unconstrained. Just imagine him as President, go on just try.
Biery's the man Gingrinch just loves to hate
Local federal judge is the target of Newt's ire.By Tracy Idell Hamilton - Express-News
When former House Speaker Newt Gingrich calls out activist judges on the campaign trail, the name he mentions most often is Fred Biery.
Biery, the chief federal judge for the Western District of Texas, emerged as a target for conservative criticism after he ruled last summer that Medina Valley High School couldn't officially sanction prayer at its graduation ceremony.
Now the San Antonio-based judge has found himself the target of vitriolic attacks by a leading contender for the White House.