Donald Trump knows nothing about how government works, and was clearly under the impression that all the judges he appointed would be loyal to him.
But now his lawsuits have had more than fifty losses and only one procedural win early on (having to do with forcing Pennsylvania to do something it was already doing, so it’s kind of moot). Judges from every state have ruled against the GOP’s attempt to destroy democracy. The Supreme Court twice (and swiftly) refused to hear the appeals and not one Justice filed a dissent.
And many of these judges were Trump-appointed.
And here’s why that happened:
The GOP has been filling the courts for years with right-wing ideologues, many of whom are deemed “unqualified” by the American Bar Association. These radical judges have done a great job in destroying many of our basic civil liberties and bending over backwards to give corporations wins.
But these people were nominated in the first place because they are (what I call in my Constitution book) “Constitutional Fundamentalists.” Like religious fundamentalists, they believe there is only one interpretation of their holy document and lo and behold, they know exactly what it is and it matches their own views perfectly.
Justice Scalia was one of the prime movers of this idea on the Supreme Court, believing not only that his view of what the Constitution was correct, but that everyone who disagreed with him was not only wrong but very likely evil as well. Fortunately, he no longer does this, primarily because he is dead, but his views live on.
These fundamentalist judges honestly believe that they are being fair in their decisions and are fanatics to the fantasy document that exists in their head. They don’t think they are interpreting the Constitution in any way, ignoring the fact that every decision a court ever makes about the Constitution is an interpretation. (If the Constitution was as clear as they believe, there would never be a need for a judge at all.)
This mindless refusal to acknowledge that other people’s views may be valid is typical of conservatives who are not known for their tolerance of anyone different, but it’s important to consider now — because these judges think they are doing the will of the founders in the same way religious fundamentalists believe they are doing the will of their god.
And that’s why these judges are never going to ignore that Constitution like the Trump lawsuits require. These suits have no basis in our laws, are completely frivolous, and ask the courts to ignore democracy and our system of elections completely and just hand over the presidency to the loser who wants to be a dictator.
These judges are fanatics for the Constitution, not for Trump. And that’s why he keeps losing.
“Primarily because he is dead” is the bit that makes this post live and breathe. Unlike Scalia.
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