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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Solution to the Trump Judge Problem Nobody Wants to Talk About
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GPa
@glennlaffel
·
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The real solution to the problem of Trump judges like Aileen Cannon - also see anything written in the last 5 years by @ElieNYC
slate.com
The Solution to the Trump Judge Problem Nobody Wants to Talk About
At some point, one truly runs out of euphemisms for lawless partisan hackery.
8:37 AM · Sep 9, 2022
GPa
@glennlaffel
·
Follow
The real solution to the problem of Trump judges like Aileen Cannon - also see anything written in the last 5 years by @ElieNYC
slate.com
The Solution to the Trump Judge Problem Nobody Wants to Talk About
At some point, one truly runs out of euphemisms for lawless partisan hackery.
8:37 AM · Sep 9, 2022
https://slate.com/news-and-politics/2022/09/trump-judge-aileen-cannon-court-reform.html
Legal analysts lit up social media on Monday in response to the broad and potentially devastating order by Judge Aileen M. Cannon, a Donald Trump appointee to the Southern District of Florida, temporarily halting the criminal investigation of the former president and his alleged pilfering of classified documents. Her order further authorized a special master to identify and return the small fraction of materials seized in last months court-approved search of Trumps Mar-a-Lago residence that may belong to him. One analyst after another meticulously detailed the failings of Cannons reasoning: It was untethered to the law, a political conclusion in search of a legal rationale, deeply problematic, laughably bad. At some point, one truly runs out of euphemisms for lawless partisan hackery.
Its possible to agree with every one of these criticisms but still find them less than satisfying. Because at the end of the day, no matter how much withering criticism she faces, Cannon still gets to put on the black robe and run interference for her benefactor. She will still get a standing ovation at some future Federalist Society gathering. She remains in control of this case. But its not just Cannon: Many smart lawyers also noted that the Justice Department now faces the unenviable task of having to appeal this decision up to higher courts that are filled with Trump appointees, which takes the sting out of the opprobrium: For all we know, the Trump-stacked 11th U.S. Circuit Court of Appeals or five radical justices on the Supreme Court may also greet her outrageous decision with a standing ovation.
So the problem is not just the extreme and heinous flaws in Cannons ruling. Its also the Trump-shaped world in which Cannon operates, with impunity, which we will all have to endure for the foreseeable future. Its the brutal reality that we may face a steady stream of depraved decisions like Cannons for the rest of our livesand the pain of hearing from every quarter that nothing can be done to remedy it.
We watched the same pattern play out at the end of this last Supreme Court term. One case after another blew up decades of existing precedent and tests and doctrine and replaced them with Rorschach exams that transformed contemporary Republican policies into constitutional law. Smart lawyers dutifully digested these opinions and set to work figuring out just how the EPA, or public school districts, or state legislatures that want to stop mass shootings can plausibly work around these new tests. And of course, were we living in a rational regime in which the rule of law governed, that would make perfect sense. But if the last term at the Supreme Court and indeed Cannons baffling new order mean anything, they signify that in this new age of legal Calvinball, one side invents new rules and then the other scrambles to try to play by them. For every single legal thinker who read the Mar-a-Lago order to mean, quite correctly, that ex-presidents are above the law, furrowing your brow and pointing out its grievous errors only takes you halfway there. The better question is what, if anything, do you propose to do about it? The furrowing is cathartic, but its also not a plan.
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The Solution to the Trump Judge Problem Nobody Wants to Talk About (Original Post)
Nevilledog
Sep 2022
OP
SWBTATTReg
(22,143 posts)1. Arrest the judge for aiding and abetting the insurrection, thief of classified documents, she is
now part of the problem and is aiding and abetting djt.
thucythucy
(8,069 posts)2. My solution: organize like hell to GOTV.
Keep control of the House and Senate, expand our majority in the Senate.
End the fucking filabuster.
Add at least four justices to the Supreme Court, nominate and confirm at least four younger justices before 2024.
Reverse every right wing decision of the past three decades, including Citizens United.