martybegan
Diamond Member
- Apr 5, 2010
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So here's a take on why all these cases are going to crash and burn, and Trump is doing the right thing by not just ignoring them.
We Are Totally Going to Crush the Democrats' Puny Lawfare Offensive
They were hoping for Trump to just ignore them, but he isn't falling for it, at least so far.
He points out a few of the issues with these orders, all big ones.
One of them:
His view is wait until the SC steps in, because he believes Roberts et al don't want to set a precedent of some district court being able to shut out the appointed officials from doing what the elected President wants done.
We Are Totally Going to Crush the Democrats' Puny Lawfare Offensive
Everybody needs to calm down and take a deep breath – the DOGE revolution is not in danger because a bunch of obscure district court judges in blue jurisdictions have signed ridiculous temporary orders purporting to limit President Donald Trump’s ability to actually be president. Don’t listen to the black pill battalion. We’re not losing this fight. We’re going to win it. Listen to the vice president – JD Vance has gotten a lot of heat because he pointed out that this is a legal farce. As usual, he’s right. And, to the extent there is a constitutional crisis – which there isn’t – it was brought on by uppity jurists hoping to distract the administration from its mission by embroiling it in a separation of powers fight. Except that’s not going to happen. The President and JD Vance are not going to fall for it. What they will do is use the judiciary to police its own misbehaving members, and when it’s all done, these legal fights will solidify the administration’s ability to act decisively in the future.
They were hoping for Trump to just ignore them, but he isn't falling for it, at least so far.
He points out a few of the issues with these orders, all big ones.
One of them:
I was an active lawyer for 30 years, including in the federal courts. I’ve never gotten an emergency temporary restraining order. I don’t know anyone who’s gotten an emergency temporary restraining order. The rules for getting emergency temporary restraining orders are so onerous, and the judges so reluctant to grant them, that it’s an exception to the exceptions-level kind of thing. But it’s easy when you’re a Democrat suing Donald Trump! For litigants who are not suing Donald Trump, there is a whole list of things you have to show just to get a regular restraining order, much less one issued at 1 AM on a Saturday morning when the opposing party hasn’t even had the opportunity to respond. Among those showings is “irreparable harm.” In one order, the anti-Trump plaintiffs claimed that the “irreparable harm” was that they weren’t going to be able to read a government website about some DEI nonsense and, therefore, their patients were going to die. That’s simply crazy. Yet, the judge nodded and signed.
His view is wait until the SC steps in, because he believes Roberts et al don't want to set a precedent of some district court being able to shut out the appointed officials from doing what the elected President wants done.
Trump is smart to let the judiciary fix its own mistakes. Keep in mind that part of the reason the Democrats sought these orders is to provoke Trump to act precipitously and to disobey the courts, thereby creating the constitutional crisis they claim exists but really doesn’t. Instead, Donald Trump should read the orders narrowly and work around them where he can. His people should appeal all of them and let the system do its job. Eventually, these silly decrees will all get tossed out and there will be established precedent banning such antics in the future. SCOTUS has no desire to referee a couple of hundred stupid district court orders on micro-topics, like requiring the DOGE people to put new coversheets on all the TPS reports before they go out.
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