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Strategies & Market Trends : 2026 TeoTwawKi ... 2032 Darkest Interregnum

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Nov 7 4:00 PM EST

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To: bart13 who wrote (130405)	2/14/2017 2:34:51 PM
From: bart13	Read Replies (1) of 217591

The So-Called Judge Crisis I’m more inclined to agree with you, now that the three Ninth judges have spoken. There’s a good summary of the incoherent stretches they commit at nationalreview.com (ignore the obligatory NRO it’s-really-Trump’s-fault asides.) I’m still not worried about a Constitutional smashup in this particular instance – there’s a clear path out of it: Confirm Gorsuch, then appeal it to the Supreme Court. But what this makes clear is that there’s a significant slice of the US court system where the politically incorrect will be reflexively ruled against even if it takes ignoring black-letter law. I was immediately reminded of the trouble and expense Rand Simberg et al are still having over Michael Mann’s lawsuit. Various DC courts have spent years failing to toss out Mann’s suit, despite Simberg’s snarky line about Mann’s abuse of climate data clearly being a statement of opinion about a public figure, thus doubly protected. The trend is clear: Rule of law will be set aside for the politically incorrect. Even if eventually overturned, in the protracted meantime the process will be the punishment. This is indeed a problem. A problem many times over if the standard is to be routinely applied to acts of a politically incorrect President. The chaos and damage will be near-term and ongoing, the remedy of eventual overturn on appeal increasingly delayed as the higher courts clog up with such. The constitutional answer of course is, impeach a few of the most egregious ignore-the-law judges, pour encourager les autres. But in the current climate, is there anything which might persuade 15 Dem Senators to go along? I’m not sure there is. So, yes, the Ninth panel’s decision supporting anti-Administration lawfare implies a major Constitutional trainwreck sooner or later.

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