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 ...
Sounds great.
I’d like to see Trump’s attorneys win a case for a change. “The courts are unfair!” is a p!ss-poor excuse.
Trump has had 4 years to plan for this.
So sit back and enjoy the show.
It’s going to be glorious.
L
Good perspective. Thx for posting!
Kurt has no idea what SCOTUS will do, nor does it matter.
As long as Republicans remain a united front, Trump has pardon power. Ignore the rulings. Keep going. July 4, 2026, DOGE ends.
The judicial order to put up a web page is the one that will be remembered.
It is off the wall insane—and best of all young people are going to be howling in laughter at the judicial Master Bate ing....
I believe they are setting up the USSC to end national injunctions, which will end venue shopping by the left.
They want a national injunction they wi need every district to separately issue one, or get the USSC to issue it.
Indeed they are.
We did win one already—but obviously it did not get a lot of coverage.
The judge rejected attempts to keep DOGE out of the Department of Labor—ruled the AFL-CIO had failed to prove harm and therefore had no standing.
Sorry Kurt, CJ Roberts won’t do spit.
The new Trump-led DOJ and the White House legal team have been mute so far.
Sure hope they know what they’re doing.
Reminds me of the old hippie poster: “What if they threw a war and nobody came?”
What if a web page is restored, but doesn’t work. It’s very very hard to get a government website working, ha ha.
Remember the launch of Obamacare?
To be fair, republicans are known for doing just that.
BTTT
Among the priorities in Congress must be a law providing that jurisdiction for lawsuits seeking a halt or change to an action taken by the President must be sent outside of DC. No place has worse federal judges than DC, not even NY (2d circuit) or California (9th Circuit). The law can say that jurisdiction for such cases shall be sent, at the discretion of the President, to any jurisdiction impacted by the president’s action. Also, that injunctions against a President’s action may be immediately appealed directly to the Supreme Court.
Also that any judge whose decisions finding against the President are overturned by a higher court is henceforth disqualified from hearing any suits against the executive branch. Those simple changes will go a long way to ending lawfare and delays against what the people voted for.
The Obamacare launch was hilarious.
The current administration could always claim the website was hacked by the Chinese and that is why it currently has all Chinese characters.
When translated they read:
FAFO—Stop Master Bate...ing.
Lol.
Great article and great analogy.
There are four Constitutional powers at play here.
Article I Section 7 Clause 1
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
This is the power to authorize spending. Congress must pass legislation to authorize the raising of revenue to be spent on something.
Article I Section 9 Clause 7
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;
This is the power to appropriate the money from the Treasury. Congress makes the funds available to be spent.
Article II Section 3
he shall take Care that the Laws be faithfully executed
This is the power to spend. The President has the power to execute the laws that appropriated the money from Congress to enable the laws passed by Congress.
Article I Section 9 Clause 7
and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
This is the power to audit and reconcile that the money spent was used for the purposes that they were authorized and appropriated.
This is what President Trump is trying to do, and this is what Democrats in Congress are trying to get the Courts to block.
President Trump must cite Article I Section 9 and tell the courts that he is taking care that the laws are being faithfully executed, and doesn't recognize their power to interfere with his Executive authority to do so.
H/T - PJ (Political Junkie Too)
Yes, Justice Thomas has been very vocal about this.
Congress has the power to strip jurisdiction for any and all matters concerning the executive branch so that only the Supreme Court would have jurisdiction to issue any injunction against any office or member of the executive.
The SCOTUS would then automatically deny every case. They don’t have time to deal with this nonsense.
We have the votes to do it.
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