March 17, 2017

LAWFARE BLOG: The Revolt Of The Judges. “We don’t mean here to do an exhaustive legal analysis of either court’s work. But suffice it to say that you don’t have to be a Trumpist to have questions.”

They are setting Trump up for a Jacksonian moment. And he knows it, too, as his wreath-laying signals. This will not end well.

UPDATE: Related: Josh Blackman: When Judges Revolt. “This demise of judicial neutrality is truly regrettable. Our Constitution already has a safety valve in the case of a crazy President: the 25th Amendment. Courts should not twist and turn established law as a form of self-help.”

A short-term response is for Trump to ignore them. A longer-term response is a constitutional amendment for an elected judiciary. If they’re going to be politically driven, let them be politically accountable.