November 8, 2019

TO BE FAIR, HE’S A DEMOCRATIC APPOINTEE: How do you get to be a federal judge and think the expression is “unchartered territory”?


Now, I agree with the idea that Trump’s speech about law is unconventional, but what determines that he has violated all recognized democratic norms? It’s often said that the judiciary is the least democratic part of the government, that it’s countermajoritarian. So what are the norms of democracy that say a President should not criticize the courts?! You might just as well call this purported norm a norm of anti-democracy.

Anyway… the weasel word is “recognized.” It takes all the oomph out of “all.” Trump’s speech about judges violates “all recognized democratic norms.” Who are the recognizers? The judges?

Weasel is the word. The people lecturing us on norms and principles and democracy are people who are willing to overturn all three in the pursuit, or maintenance, of power.

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