This is dangerous new ground, to cast judges who rule against a president as biased or unprincipled frauds. Unlike the current legal battle over the travel ban, there was no broad effort by Obama supporters to discredit every single judge who ruled against that administration — as opposed to criticizing the reasoning of their decisions on substantive grounds.

To be sure, there are principled disagreements to be had about some of the central and often novel legal questions now arising out of the Trump administration — whether a president’s public statements or tweets should bear on the legality of a formal government policy like the travel ban, whether the Foreign Emoluments Clause applies to the president, whether the president’s Twitter feed is a public forum for First Amendment purposes and so on.

But in examining court decisions on these questions, one would search in vain for indications that partisan political opposition, rather than legal analysis, is driving the decision-making. Instead, what appears to be driving the critics’ broad and novel claim against federal judges who rule against President Trump is nothing more than the assertion that these judges have simply gotten it wrong, often by making things up to push their own political agenda. In some instances these judges may be wrong, but that point alone doesn’t suffice to prove the point. There would be no reason to have a federal judiciary with well over 1,000 judges — and multi-member appellate courts — if every case had one inescapably correct outcome; a well-programmed robot could handle that.

But discrediting federal jurists as having joined “the resistance” isn’t merely an argument lacking in analysis or evidentiary support; it’s also profoundly dangerous, for it suggests that any and all rulings against President Trump are not just doctrinally incorrect but also illegitimate. Much like criticism of all unflattering media reports as “fake news,” and attacks on the loyalty or patriotism of legislators who don’t vote in support of the president’s agenda, denouncing and dismissing all judges with the temerity to rule against Mr. Trump represents a direct attack on the independence and integrity of the entire judicial branch.

Attacks on individual judges based on a single ruling or upon the geographic location of their court or the president who appointed them are broadsides against the entire judicial branch. These attacks undermine public confidence in the impartiality of judges and will make it harder in the future for the courts to stand up to the political branches, even in cases in which their current critics think they should.

Of course, the individual judges who are maligned by these critics could fight back — much like most of the other institutions, including entire media outlets, the former F.B.I. director James Comey and Senate Republicans like Bob Corker of Tennessee, who have been subjected to what Orin Kerr of George Washington University Law School has described as the “politics of delegitimization.” But, in an irony upon which their critics may be relying, the judiciary is the only institution in our system that cannot properly defend itself against such attacks, lest it be accused of engaging in the very political activism for which it is being unfairly criticized.

The as-yet small but influential number of activist critics seeking to destabilize and undermine an independent judicial branch are well aware that judges called out for fealty to “the resistance” don’t write op-eds and don’t tweet back. But they should stop their attack before their argument goes mainstream. Large-scale assaults on judicial integrity are so pernicious precisely because judicial integrity demands no response. And although we might expect these kinds of broadsides from those who see no value in the rule of law and in checks and balances, dismissing every jurist with whom you have a disagreement as an unhinged partisan represents unhinged partisanship. Lawyers, above all, should understand that.

Continue reading the main story



Source link

BitConnect Investment Opportunity

BitConnect Investment Opportunity

Investing in BitConnect Coin and Staking

bitconnect stakingThe moment you acquire BitConnect Coin it becomes an interest bearing asset with Up to 120% return per year through PoS minting. All you have to do to earn with this method is to hold coins in your Bitconnect-QT wallet. This means anyone holding BitConnect Coin in their wallet will receive interest on their balance in return for helping maintain security of the network.Learn more. This investment option involves profiting from the rise in price over your investment time period.

Investing in BitConnect Lending

bitconnect lendingYou can invest BitConnect coin in Bitconnect lending platform exclusively from the BitConnect Dashboard. This investment option involves profiting from Bitconnect trading bot and volatility software. You will receive daily profit based on your investment option. Upon investment term completion, you will receive your capital back to take out from the bitconnect lending platform or optionally reinvest back in lending platform to continue receiving daily profit. If you wants to invest in BitConnect lending, you have to buy BitConnect Coin in the first place. Buy BitConnect coin from BCC Exchange with Bitcoins first.

Earn from BitConnect Coin trading

bitconnect tradingThis investment option can be used to profit on price fluctuation of BitConnect Coin. You can buy BitConnect coin at a lower price and selling them at higher price. You can also profiting from downward movements in BitConnect coin price by selling them at a higher price and buy them again at a lower price and pocketing the price difference. If you wants to profit from short selling, you have to own BitConnect Coin in the first place.

Leave a Reply

Your email address will not be published. Required fields are marked *