Trump and the Courts

 

It has been interesting to read and listen to reactions from conservatives to federal judges blocking some of Trump’s orders. Most have been irritated. Some have wanted Trump to ignore or defy the rulings. At least one site, the Federalist, has proposed ignoring not only lower courts but also the supreme court if it comes to that. They have argued not only against specific rulings, some of which may be wrong and may be reversed by higher courts, but against the idea of a mere federal district judge thwarting the desires of the president and his administration. They are completely wrong. It is .the job of the federal judiciary to rule on the legality and constitutionality of the actions of the federal government., and cases usually start at a district court. Presidents and other officials have no authority to do whatever they want, irrespective of any claimed mandates, but only what they legally are allowed to do.

It is a little saddening and a reminder of the general phoniness and hypocrisy of people in politics and the political media to recall that many of these conservatives used to claim that as a matter of principle, they were for limited government, constraints on executive power, and the rule of law and generally supported rulings by district court judges blocking power grabs by the Biden and Obama administrations. That changed when their guy got in. They need to reconsider. Questions of honesty and principle aside, they at least should ask themselves if they want the next Democrat president to be able to do as he or she likes by executive orders not subject to review by courts.

.Much of what Trump wants to do with the bureaucracy is right. A lot of what the Doge people have discovered is wrong or even disgraceful. There are many federal jobs, programs, grants, and organizations that should be eliminated. Trump should be free to take any actions in that direction for which he has legal authority and should have to request legislation to accomplish or authorize the rest. The courts and probably the supreme court will have to decide where the limits are. Donald Trump must and his fans should accept the final decisions as binding.