Here is a long take on the court injunction crisis, which is less crisis than an opportunity…
OK, stop panicking about all the stupid legal decisions from leftist judges that the left is getting from judge shopping in leftist jurisdictions.
Stop. Panicking.
First, no one should be surprised by any of this. The administration certainly isn’t. We always knew exactly what they would do. Do not take the fact they are not screaming and yelling as them rolling over. They are not rolling over. There’s plenty going on behind the scenes as administration lawyers prepare their papers for the legal fight to come.
Second, since we have to have this fight, this is the time and the battleground to have it. Why? We want it settled right at the beginning of the administration so that we don’t have to deal with this down the road. And we want to fight on these orders because 1) they are manifestly the result of bad faith judge shopping and the opinions themselves are both procedural and 2) they are substantively ridiculous. They are legal jokes. Don’t listen to the dummy lawyers on Twitter - only listen to me or the people I tell you that you can rely on. Everyone telling you these are reasoned, valid legal decisions is either a legal illiterate or thinks you are stupid.
Third, the way this fight is happening is to our advantage. Wait, you ask, we’re getting decision after decision against us! How can that be good? Because they are leaving the Supreme Court no choice. People want Trump to sound off about this, but he doesn’t need to. What’s left unstated is the fact that he can just not obey these manifestly improper orders. They say it’s a constitutional crisis now, but that becomes a real one when they push Trump too far. He’s not going to submit forever to micromanagement of the executive branch by activist District Court judges in blue cities across America. And Chief Justice Roberts knows it.
CJ Roberts and majority of the court know these are ridiculous legally, and the last thing they want to do is stake the credibility of the Court – which famously has no divisions – on this kind of nonsense. They are not going to jump on the grenade that is these decisions. There might someday be a fight with a president about something where he is legally in the wrong, but this is not that time. This is not the hill the Supreme Court will die on. Wisely, Trump’s not adding fuel to the fire by threatening to do what it’s very clear he can do, which is disobey. This provides SCOTUS the cover it needs to deal with these upstart district courts without looking like Trump strong-armed it.
So relax and let the process go forward. We’re going to win on all these injunctions, and I expect fairly quickly.
Random federal judges in blue state backwaters have no authority to unilaterally dictate who the President may talk to or what data he can access. John Roberts and SCOTUS have two options here: they can bring these inferior malcontents to heel, or they can get used to the President simply ignoring these inferior courts or Congress eliminating them entirely.
Congress created these inferior courts so the Supreme Court wouldn’t have to deal with every federal case by itself. But if these rogue inferior judges are going to routinely issue lawless decisions that the Supreme Court has to deal with anyway, Congress would be well within its rights to just eliminate them.
Roberts and SCOTUS can immediately put these lawless judges in their place, or Roberts can watch his caseload go up 1000x and his court’s precious perceived legitimacy crater overnight.
The age of tolerating this nonsense is over.
|
