After a long and contentious history with the American judicial system as an independent businessman, President Donald Trump is now dealing with the courts in a similarly confrontational style. So far it seems to be yielding the same mixed results as back in his private sector days, when he won an anti-trust lawsuit against the National Football League but was awarded only one dollar in damages and paid $25 millions to the students of his scam Trump University but admitted no fault and seemed to suffer no significant publication relations problem, or the thousands of suits by contractors claiming they’d stiff or two wives who said they’d been done wrong or the six corporate bankruptcies where Trump always seemed to come out ahead. Less than a month into Trump’s administration his executive order temporarily banning travel into the United States from seven designated Muslim-majority has been stayed by a federal court, Trump has “tweeted” in response that he preemptively blames the “disgraceful” decision of the “so-called judge” for a future terror attack, the next appellate level has upheld the decision by a 3-0 vote, Trump in turn “tweeted” “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT RISK!,” and at this point it remains to be seen if the angry capital letters and angrier exclamation mark will sway the Supreme Court once the decision inevitably ends up there.
Trump might well wind up prevailing by that point, for so far as we can tell the law does allow the president wide authority to ban just about anyone he wants for whatever reason he might come up with from entering the country, and there are arguably good reasons for banning people from the named countries, and the general gist of the order seems well within those established legal parameters, and we’d hate to think that a Supreme Court would be either intimidated or spitefully defiant of some petulant presidential “tweets.” There’s enough arguable stuff about banning already-vetted green-card holders and heroic military assets and all the other dubious aspects of the devilishly detailed and beyond-the-gist implementation, though, and some sort of split decision strikes us as most likely. Whatever the merits of his case, though, there’s something disheartening and demoralizing to a conservative sensibility about the head of the executive branch using such language as “disgraceful” and “so-called” about a member of the judicial branch.
Even Trump’s much-lauded choice for the Supreme Court was quoted as saying it was “disheartening” and “demoralizing,” which set off yet another of those seemingly endless subplots in the Trump reality show. By all the glowingly positive and scathingly negative accounts Judge Neil Gorsuch seems very much the sort of Constitutional originalist jurist that Trump promised to such skeptical Republicans as ourselves during his campaign, and even The Washington Post has recalled a reassuringly reasonable dissenting opinion he wrote about a middle-schooler who was handcuffed and jailed for making flatulent noises during a gym class, but of course there’s enough opposition to make 60 votes difficult and getting him confirmed with just 51 would be something nobody real wants, so of course there’s much spinning involved. The first storyline trotted out was that Gorsuch hadn’t really said that, and that quoted source Connecticut Sen. Richard Blumenthal had only said that Gorsuch said that because he’s a Democrat. Trump “tweeted” that Blumenthal had also lied about his heroic service in Vietnam, which is true, even if that does not prove that Blumenthal was lying in this case and leaves unmentioned the equally irrelevant that Trump has also told a few lies in his time, but when named Republican sources in both Congress and the administration confirmed the statements the White House Press Secretary insisted Gorsuch was speaking in general terms about disparagement of the judicial branch and certainly not about anything Trump had said.
Despite such assurances, many of Trump’s so-loyal-he-could-shoot-someone supporters were expressing their indignation about Gorsuch’s alleged disloyalty in talk radio shows and countless comments across the internet. What with The Washington Post admitting a begrudging respect his for reasonability there’s some suspicion that Gorsuch will be another one of the milquetoast Republican appointees who wind up giving a pass to Obamacare and otherwise disappointing the base, perhaps setting off a right flank in the fight against Gorsuch’s nomination. We’re still as irked as the next Republican about Chief Justice Roberts and that damnable Obamacare decision, and our general disappointments with milquetoast Republican nominees goes way back even before our birth to Ike’s choice of Earl Warren as a Chief Justice, but we don’t expect this Gorsuch guy will withstand a challenge from the right. He owes his loyalty to the Constitution rather than to Trump, his apparent preference for the respectful language that has long characterized even the most hard-fought legal questions seems impeccably conservative by the pre-“burn-it-down” definition of the term, and for Trump to withdraw the nomination he would have to admit a mistake.
Another popular theory is that Gorsuch’s disputed comments were purposefully leaked to reassure not only the opposition over at The Washington Post but also such skeptical Republican hold-outs as ourselves and the public at large that Gorsuch deserves the eight Democratic votes that would get him confirmed without resorting to the mere 51 votes that would cause such problems down the road. This seems plausible enough in our day and age, when a Republican Senator’s dad was in on the Kennedy assassination and the latest two presidencies should have been terminated according to the latest president, who won despite the election being rigged, and if so we’ll give credit Trump credit for being shrewd. Based on everything we’ve learned about their lives we like this Gorsuch fellow a lot better than we do Trump, and our weary eye on the news had concluded the leaked remarks were Gorsuch showing the frankness that Trump is celebrated for and the reasonable Trump rarely summons, and that he winds up confirmed by 60 votes and provides a necessary check and balance on both legislative and executive craziness for decades to come.
— Bud Norman