Dahlia Lithwick writes: President Donald J. Trump is fuming at yet another federal judge. Earlier this week, San Francisco District Judge William H. Orrick temporarily enjoined the Trump administration’s simultaneously grandiose and ultimately toothless plan to strip federal funding from sanctuary cities. The president, as is his wont, apparently decided it’s pointless to threaten and undermine an individual jurist when he could go after an entire federal appellate court. So off he went on a boilerplate Twitter rant in which he wrongly blamed the 9th U.S. Circuit Court of Appeals for his loss at the trial court level; wrongly characterized that appellate court’s reversal record; and wrongly faulted a city and county in California for “judge shopping” (not an actual legal term) for opting to file in the jurisdiction in which they exist, as opposed to filing in, say, Texas or Georgia, where they do not exist. (Circuits are geographic, not ideological.) No matter what you do to the 9th Circuit, California will still be California. And Trump’s fury at the 9th Circuit ignores the fact that he has also been thwarted by federal judges on courts in various other jurisdictions, including the 2nd and 4th Circuits, where thinking jurists also roam free.
Never one to let actual facts or geographic reality stand between himself and his grudges, Trump escalated his war on the federal judicial branch Wednesday with an interview with the Washington Examiner in which he pledged to revisit plans to break up the 9th Circuit, presumably because he thinks breaking up a federal circuit court will magically change his badly drafted executive orders into legally sound ones: “Everybody immediately runs to the 9th Circuit. And we have a big country. We have lots of other locations. But they immediately run to the 9th Circuit. Because they know that’s like, semi-automatic,” Trump said. I am frankly shivering in delicious anticipation of Trump’s forthcoming executive order breaking up the 9th Circuit.
The president doesn’t seem to realize that his newest attack on the courts, by its own terms, simply strengthens Orrick’s case—that the order, read as Trump’s lawyers now suggest, reinforces the status quo, or, read as Trump characterizes it, is unconstitutional. Every time he talks, he makes things worse. [Continue reading…]