Tag Archives: the Courts

Checks And Balances

There’s a reason Donald Trump has been focused on the selection and seating of highly partisan judges with little to no judicial experience. When he is sued over his autocratic actions, and the cases are heard by competent judges currently on the bench, he loses. Bigly.

The courts are part of that “checks and balances” thing the Founders were so hung up on.

The Washington Post considered Trump’s “win-loss” ratio, and Ed Brayton (Dispatches from the Culture Wars) commented on the report.

The Washington Post looks at the track record of legal challenges to Donald Trump’s policies, especially in regard to changing Obama-era regulations and issuing executive orders, and finds that he’s losing those cases in court at an astonishing, but predictable, rate.

It’s clear from the Post’s report that Trump and his cabinet of incompetents lost a number of cases simply because they ignored relevant laws prescribing the process that had to be followed.

Federal judges have ruled against the Trump administration at least 63 times over the past two years, an extraordinary record of legal defeat that has stymied large parts of the president’s agenda on the environment, immigration and other matters.

In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance for shifting policy, including providing legitimate explanations supported by facts and, where required, public input…

“What they have consistently been doing is short-circuiting the process,” said Georgetown Law School’s William W. Buzbee, an expert on administrative law who has studied Trump’s record. In the regulatory cases, Buzbee said, “They don’t even come close” to explaining their actions, “making it very easy for the courts to reject them because they’re not doing their homework.”

Somehow, “homework” isn’t a word one associates with Trump, or with the Keystone Kop assortment of cabinet officials he has appointed. Usually, the “win rate” for government in these sorts of cases is about 70 percent. But as of mid-January of this year, a database at the Institute for Policy Integrity at the NYU Law School shows Trump’s win rate at about 6 percent.

Actually, that’s not bad for someone who clearly isn’t familiar with even 6% of the Constitution, and who has exhibited 0% knowledge of the rules and norms governing the office he holds.

Ed Brayton, as usual, cuts to the heart of the issue:

There’s a simple reason this is happening and it goes back to the old proverb that a fish rots from the head down. Trump could not possibly care any less about pesky things like legal protocols and requirements. He thinks if he just bellows out “I want this done,” it gets done. Following proper legal procedures is for the little guy, the plebes, the rabble, not for narcissistic wannabe dictators who are used to getting their way.

The only way Trump, McConnell and today’s GOP can game the system going forward is by corrupting the judiciary. And on that, their progress should terrify us all.