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Earlier today I was reading Prof. Josh Blackman’s post responding to criticism he has received for using the term Judicial Resistance, On the Judicial Resistance:
Over the past year, I have discussed at some length the self-professed “legal resistance,” which has coordinated legal strategies to resist President Trump in the courts. This front is part of the broader #Resistance movement against President Trump in the political sphere. These actions are completely rational, and unsurprising from the party that (unexpectedly) lost the election….
Question - Opinions - Opposition - Arguments - Lawfare
Without question, I have been extremely critical of these judicial opinions, which I firmly believe are profoundly flawed. Yet, I work very hard to ground my opposition in substantive arguments (many of which are published on Lawfare), and not devolve into political barbs….
The clearest articulation of my views on the judicial resistance comes in an October 2017 National Review essay that doesn’t even use the phrase. It develops three points that I’ve developed over-and-over again.
Consequence - Jurisprudence - Effect - President - Trump
The consequence of this jurisprudence is that in effect, President Trump is disabled from exercising his own constitutional authority because of the circumstances in which he became president….
Third, the courts have repeatedly questioned the president’s motivations as acting in bad faith, and doubted government lawyers who have offered legitimate reasons in court….
Post - Prof - Blackman - Faith - Judges
Read the entire post by Prof. Blackman, in which he explains that while he doesn’t claim bad faith by any judges, the result has been an abnormal judicial interference (my terminology).
I wrote of that Order:
Day - Intervention - Donald - Trump - Executive
Another day, another judicial intervention trying to prevent Donald Trump from exercising his lawful Executive Branch powers.
Of course, that’s not the verbiage the court used, but it’s a fair characterization of the San Francisco federal district court decision (full embed at bottom of post)(pdf.) in a lawsuit brought by Janet Napolitano on behalf of the California Regents seeking an injunction against...
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