Saturday, May 6, 2017

Is Trump hatred warping the judiciary?

"Fake Law"
Something ugly is happening to the First Amendment. It is being contorted to enable judges to protest Donald Trump's presidency. The perennial impulse of judges to manipulate the law to achieve morally and politically desirable ends has only been exacerbated by the felt necessity to "resist" Trump. The result: Legal tests concerning the freedoms of speech and religion that in some cases were already highly dubious are being further deformed and twisted.

Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence. And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law's legitimacy and the warping of judges' self-understanding of their constitutional role.

Those who try to police the relentlessly transformational projects of constitutional progressives had much to dread from the Obama administration, an inveterate ally of the legal left that did what it could to graft the aspirations of progressives onto the Constitution. But Trump's presidency may be even worse, because too many judges now feel called to "resist" Trump and all his works—no matter the cost to the law's authority and to the integrity of the judicial role.
(Link to more)

8 comments:

Evi L. Bloggerlady said...

Of course it is. Do you think any of these judges who over ruled Trump on EO would do the same if Obama and Hillary were proposing these things? Not a chance.

Evi L. Bloggerlady said...

Trump needs to keep fighting on, getting his Supreme Court picks (he might get another this summer) and reversing this nonsense at the Supreme Court. And it is time he pushed the GOP congress to show some balls too, EOs are fine (to a point), but legislation is better.

edutcher said...

Technically, this has been happening since John Marshall, but, from the 60s on, it's gotten incredible.

This is just the ultimate expression of all the hard-Left nonsense advocated in this country for the last 50 years.

Since McConnell nuked the Judiciary, though, the Demos may fight, but, for a change, they're gonna lose and some of this will be overturned.

Trooper York said...

President Trump needs to find the right case and then he needs to just ignore the Court.

Don't worry they will find it.

I think the one where they dropped the rape charges against two illegal immigrants fits the bill. Even though they claim that the 14 year old "consented" to sex with two 18 year old illegal immigrants it is still statutory rape. They need to be arrested by the feds and deported toot sweet.

Trooper York said...

Similarly any foreign doctors who clip off the clits of little girls because they believe in Sharia Law need to be arrested and deported.

Do what Bobby Kennedy did to Carlos Marcello. Just grab them up and put them on a plane and drop them in the jungle. Or the desert for the flithy Muslims. Just do it. Ignore the bullshit. Pull the trigger in every sense of the word.

edutcher said...

Trooper York said...

President Trump needs to find the right case and then he needs to just ignore the Court.

Don't worry they will find it.


If The Donald knows enough about Ol' Hickory to know he stopped a civil war, he knows about, "Mr Marshall has made his decision, now let him enforce it".

Trooper York said...

I think he is just waiting to put another solid pick on the Court.

I hope he has the balls to test it.

I have my doubts.

Leland said...

I hate to say this, but what really needs to be done is for a conservative minded judge to make a stupid ruling calling some progressive sacred cow "hate speech". Until these idiots realize their tools and weapons can be used against them; they will continue to build these tools and weapons to attack conservatives.

In many ways; that is why I backed Trump. He may not have been my first choice, but I knew he would scare the hell out of progressives. I just didn't grasp just how stupid the progressives were. I thought they might bring substance back into debate and want to quash government growth that would be used against them. Nope; they actually want a more fascist government, just one that punishes the pundits they hate.