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President Donald Trump is disrupting political norms, but courts should not respond in kind by disrupting judicial norms, according to South Texas law professor Josh Blackman.
In an essay published at the National Review, Blackman argues that “sore-loser litigiousness” against Trump’s policies will set “lasting and dangerous precedents.”
Judges who feared that Trump posed a threat to the country have abandoned their traditional role by overriding his executive powers and issuing nationwide injunctions that extend beyond their jurisdiction, he argues.
“The self-professed resistance must be understood for what it is: a thinly veiled legal revolt,” Blackman writes. “Our Constitution has built-in safety valves to remove an unfit president, whether through impeachment or through a declaration of incapacity. But the exercise of those powers was not assigned to the judiciary.”