Why Haven’t Trump’s Judges Saved Him?

Paul Campos: “The formalist answer would be that all these lawsuits were just an enormous pile of crap in terms of even the most basic legal rules, and that calling balls and strikes is easy when the pitcher throws the ball straight into the ground rather than tossing it at least somewhere in the general vicinity of the plate.”

“The realist answer is that at least some of these various state and federal judges who as a political matter very much wanted Trump to win the election still realized that these lawsuits were so preposterous on formal grounds that giving Trump any sort of even partial rhetorical victory (‘this litigation raises serious questions about the procedures used’ blah blah blah) would do far more damage to the institutional capital of the courts than it would help the long term goals of the American right wing.”

Jonathan Bernstein: “What I find interesting is that if this is correct — that these judges are acting to advance their political goals — the key is that their political program remains the substantive legal agenda they’ve had for some time. In this respect, Republican judges differ from many Republican legislators, who have increasingly become indifferent to public policy at all.”