Fight Kritarchy?

I keep reading where the democrat party is dead. Wistful thinking. So what if the congressional democrats have an approval rating of 29 percent. What does that mean? Is the 29 percent happy with the dems or angry? Since the overwhelming majority of congressional democrats have voted against almost everything Trump does the 29 percent approval mean that the other 71 percent disapprove of what the 29 percent approve of? Unlikely. As long as the republicans in the House are united (hello Thomas Massie) there is little that the dems can do. Over in the Senate they can filibuster certain bills and stop the republicans who won’t be able to muster up 60 votes for cloture. So much like the republican AGs suing to rein in the excesses of the Biden Administration, the democrat AGs and liberal organizations like the ACLU are suing the Trump Administration at every turn. Here the dems are relying on the leftist judges appointed by Obama and Biden to slow down Trump. Thus, both parties are relying on a kritarchy – rule by judges – to determine the limits of executive power. It should come as no surprise that over ninety percent of the rulings against Trump have come from democrat appointed judges giving further credence that justice is not blind.

Of course Trump being Trump called for the impeachment of the judge that he is sparring with over deporting to El Salvador members of a Venezuelan gang. Despite a rebuke from Chief Justice Roberts, some republicans in the House filed articles of impeachment against the judge and four others. At least the democrats never tried to impeach right leaning judges that overturned some of Biden’s excesses. However, one of the important questions is whether a single judge has the jurisdiction to issue an overarching ruling that applies nationwide. Understand that there are 677 federal judges ad 179 appellate judges spread over 94 geographic districts. Surely plaintiffs can find one that will support their suit to enjoin whatever it is that Trump is doing. Trump’s legal team claims that the rulings of the judge in the deportation hearings are themselves unconstitutional. If so, they need not be obeyed. Understand that the courts do not have a monopoly on interpreting the Constitution and that a president is not obligated to carry out an unconstitutional ruling from a judge.

Again I am not a lawyer but deporting illegals without a hearing was bound to be enjoined. I would guess that even illegals cannot be denied due process. That Trump had to find a 1798 law to do so may be viewed as an overreach. This judge may stop the deportation of other aliens but I seriously doubt if he orders the return of the illegals that Trump will comply. Trump likes Andrew Jackson (who I despise) and may take his cue in defying a court ruling. I think in the main Trump will just appeal the unfavorable rulings of lower courts and hope for vindication from the Supreme Court. It remains to be seen if Trump would – like Biden and Jackson– defy a Supreme Cout ruling.

Now back to whether the democrat party is dead. Two things. First, the town halls show that many democrat voters are displeased with their representatives and senators with all the screaming and shouting. But what can those elected officials do other than yell and scream themselves – see Jasmine Crockett? But this shows that the party is not dead but impotent. These districts are not going to flip to the republicans. If there are competitive primaries the likely result will be that establishment incumbents will lose to younger more radical folk who will be just as impotent. Second, the Bernie and AOC “Fight Oligarchy” tour is drawing great crowds.  Sanders says that he wants to have “real discussions across America on how we move forward to take on the Oligarchs and corporate interests who have so much power and influence in this country.” Of course he means the republican oligarchs and not democrat ones like Georg Soros and Michael Bloomberg. Well you can always count on Bernie to lie to the gullible masses that make up the democrat base. This is another indication that the party is not dead just frustrated. Yet it is strange to see that two of the least impactful members of congress (except for the green new deal) are out there yelling to resist. It is also interesting that oligarchy is rule by the few and that is exactly what occurs under socialism. So why is their tour named “fight oligarchy”?