Seth Barrett Tillman: President Trump’s Reverse Merryman

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Interesting thoughts from Seth:

Trump is doing what Taney did, but he is doing it to the courts. Absent his recent tweets, Trump might very well have won*** the travel ban case: an appeal from the Fourth Circuit’s decision to uphold the trial court’s grant of a preliminary injunction against the (modified) Executive Order. But Trump does not want to merely win. He wants to win Yuuge! He does not want to squeak out a narrow win by a divided court promising more time-consuming, after-the-fact, and morale-draining oversight in the future (e.g., where such future oversight might threaten lower level Executive Branch officers with individual liability).

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5 thoughts on “Seth Barrett Tillman: <i>President Trump’s Reverse Merryman</i>”

  1. “Trump is doing what Taney did, but he is doing it to the courts. Absent his recent tweets, Trump might very well have won***”

    This whole business of peering into the hearts of policymakers and determining the true intentions that only God or jurists could ever know is getting ridiculous. There’s no mens rea component for judicial review. Trump is calling their bluff and trolling their self-righteous pretensions.

  2. “Absent his recent tweets, Trump might very well have won*** the travel ban case”

    ***because pointing out how the self-righteous judiciary would have blood on their hands if the US suffers a terror attack due to their interference with a travel ban just isn’t done in polite society. I see … We’re just supposed to content ourselves with candles and teddy bears, not the imbeciles who can be counted as accessories to the very terrorists they seek to shelter.

  3. Ridiculous. Trumps tweets have *zero* to do with it. Those activist judges were going to find against him no matter what he did.

  4. It will be interesting to see if Ginsburg recuses herself on this case. She should as she was open about her hostility to Trump all through the campaign last year,

    If she does not, it will be a huge blow to the credibility of the Court,

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