Many, many federal district court judges are issuing some very imprudent and some obviously politicized decisions to block many of the early actions by President Trump and his team on many different fronts. The judges involved say they don’t care about the election but they’re just applying the law and the constitution, but it sure does feel to a lot of us like "the Resistance is donned Robes."

Good number of these cases will end up tested and settled by the Supreme Court—a court that Donald Trump built in part during his first term. The highest court is always a sort of Constitutional trampoline where legal theories are jump up and down over the decades, propelled by events and presidents. Now President Trump is jumping on that trampoline—just as FDR for example, did early in his presidency—to see how high presidential power can be made to go.

But I am hopeful that at least some of these test cases will restore the appropriate constitutional order and I am not worried at all that the constitution will endure.

 

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