Here is Silvio Canto, Jr. writing at American Thinker about “fake law”:
Who needs elections? We got judges!
What do you do when you lose everything between Maryland and the California border? You look for friendly judges who hate Trump as much as you do. You get these judges to write opinions that slow down or stop President Trump’s agenda.
It probably draws a cheer from left-wing precincts, but it does not serve the independence of the judiciary. After all, who wants to take the field when the guy calling balls and strikes is a partisan for the other team?
Marc O. DeGirolami is a law professor at St. John’s University and the author of The Tragedy of Religious Freedom.
Professor DeGirolami wrote a great post this weekend about judges with a bad case of Trump Derangement Syndrome:
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.
Read more: American Thinker