Posted on 02/11/2025 2:43:54 PM PST by Starman417
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.
Think of the Trump administration as a virulent but benevolent virus that has infected the monstrous, bloated, Vindmanesque blob that is the United States government. The beauty of it is that Trump, predominantly through DOGE but also through his other appointees and staffers, is using the state against itself much like a virus does. A virus will find a vulnerable cell, inject itself into it, and use the machinery of the cell to replicate itself. It turns the host cell against the organism. And that’s what Trump is doing as he infects and, hopefully, kills the hateful administrative state.
A pathogen infects the organism, and the organism tries to fight off the infection. That is like what’s happening here, except the main symptom of Trump fever is awesomeness. An organism typically has an immune system that identifies infectious agents and mutated cells and then attempts to destroy them. The problem for the Democrats is that they no longer control the federal immune system. Trump does. He owns the executive branch. Moreover, the Republicans own the legislative and judicial branches, too – or at least pretty much control the court where the judicial buck stops. We’re seeing some of the immune system response there as lower court district judges try to enjoin the executive from executing. The rulings of the liberal judges are all legal nonsense, but that’s par for the course. The executive has a right to do executive things, and administering programs is a quintessential executive function. These lower courts will slow down the process, but that’s been factored into the campaign plan. We expected it, and it won’t last long. For every major impediment at the district court level, you’ll have an appeal to the circuit, and eventually, big ones will get to the Supreme Court, which is going to toss out most of the challenges not simply because six judges are nominally conservative but because the legal theories are such garbage.
The courts are pretty much the only part of the immune system that is functioning right now. The immune system response within the executive branch has been completely neutered. Why? Like the HIV virus, Trump has specifically targeted the immune system actors within the executive branch. He fired a bunch of inspectors general who might have tried to interfere. He’s also fired a lot of senior bureaucrats in powerful positions who would have otherwise slow-walked orders, dissembled, obstructed, and generally fought the power. Trump learned something about the bureaucratic immune system when it stymied him during the Trump 1.0 administration. That’s why he’s gone directly at its throat, and it’s worked. There have been a few minor instances of internal resistance, but the administration has ruthlessly crushed them and summarily terminated the resistors. Trump sent others home to sit on the couch at full pay without access to their workstations before they could start causing problems. Sure, it’s expensive to rubber-room these losers but think of how much they’d cost if they were back pretending to do their jobs.
You can also fight an infection from the outside, which the Democrats are attempting to do. The problem is that it’s hard to fight a virus. There are few effective antivirals compared to antibiotics, which only affect bacteria. But even with antibiotics, a pathogen can develop resistance. We conservatives have developed a strong resistance to the regime media. Eight years ago, when the Russiagate hoax was spinning up, and it was “Russia, Russia, Russia!” all over the regime media 24/7, Republicans cared. Republicans don’t care now. The regime media has disgraced themselves over the last decade, and the Trump people are not about to slow their roll because the Washington Post calls them names.
(Excerpt) Read more at floppingaces.net ...
Just put the page back up, with the links leading to nowhere.
That's how you know they know what they're doing. The lawyers remaining mute is no accident. They've signed contracts with teeth in them I'll bet. Contracts developed by Trump's own legal staff so that the contracts weren't leaked.
Think about it.
I was seriously dejected as recently as the day before the election and even on election night I did not believe that the deep state would allow Trump to be President again. They successfully cheated once they took him to court and they tried to kill him. Yet here we are. Trump has way more power than ever and with nominal control of Congress he could eliminate the filibuster and pack the Supreme Court. Roberts will play ball.
I'm fine with that, too, but I think the SC might not want to have to have original jurisdiction over every crazy case the left wants to bring. Better to let the looney judge know that his ridiculous order will be at the Supremes in 24 hours getting shot down. That will prevent most of them from being decided, or maybe even brought in the first place.
Bttt.
5.56mm
“As long as Republicans remain a united front”
This.
If they hadn’t gone wobbly in ‘74, president Nixon could have finished his term.
At this point just start telling dems, when they get all stuffy, to go directly to ...
That’s the point. They would t hear it. They’d have their clerks dismiss it and that would be the end of it.
Mike Benz says 30% of the judges are Soros judges. That has to change.
I fear they might say, “that damn Trump, always causing issues” and then put it off for hearing a month later, or decide not to hear it at all, and sending it down to a district court, which would delay things by a long time. Better to weed them out with only the lunatic leftist judge rulings getting to the SC. Then that’s who they’ll be mad at.
Congress could remove any jurisdiction from any court other than the Supreme Court from hearing these suits against the executive branch. That way they could not punt it to a lower court.
I don’t know if the SC would like that. They don’t like to be told they have to take a case. There are cases where they have original jurisdiction (actions between states, for example) and they almost always let it be decided below before they agree to take it. They might resist having exclusive jurisdiction, and might even find it violates separation of powers, by forcing them to do something whether they want to or not. I’d try to avoid that. We want to keep the SC on our side.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make
Not quite accurate. The SCOTUS refers original jurisdiction cases to a referee (usually a federal district court judge) to hear and report. The SCOTUS then reviews de novo to affirm, decide, or remand.
Nixon did nothing wrong.
“Watergate” is a Rosetta stone connecting Dallas to Crossfire Hurricane, if only people could see it.
You have just summarized that part of the Constitution, which I already referred to. But you did not address my point.
The SC has a great deal of discretion in how it administers the federal court system, and is very protective of its position, with respect to interference from the political branches.
other public Ministers and Consuls, and those in which a State shall be Party
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