Showing posts with label Lawlessness. Show all posts
Showing posts with label Lawlessness. Show all posts

Wednesday, November 29, 2017

Who Investigates The Special Counsels?

A look at the history of special counsels indicates they overstep their boundaries and become at least part of the problem, if not the problem itself.


UPDATE, December 3 - Special counsels have become an issue again with investigation of Trump over contacts with Russia. The plea-deal by former Trump aide Michael Flynn has caused a media stir and belief Trump will be indicted - except as has been the case through Trump's run for and into the Presidency it is the accusers who are imploding on their credibility.

Wednesday, October 18, 2017

Monday, May 08, 2017

Fake Law

Something ugly is happening to the First Amendment. It is being contorted to enable judges to protest Donald Trump's presidency.

The perennial impulse of judges to manipulate the law to achieve morally and politically desirable ends has only been exacerbated by the felt necessity to resist Trump. The result: Legal tests concerning the freedoms of speech and religion that in some cases were already highly dubious are being further deformed and twisted.


Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence. And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law's legitimacy and the warping of judges' self-understanding of their constitutional role.

Those who try to police the relentlessly transformational projects of constitutional progressives had much to dread from the Obama administration, an inveterate ally of the legal left that did what it could to graft the aspirations of progressives onto the Constitution. But Trump's presidency may be even worse, because too many judges now feel called to resist Trump and all his works—no matter the cost to the law's authority.