Tag: Merrick Garland

A State of Emergency or a State of Courts?

The Washington Post reports this morning, “If President Trump declares a national emergency to construct a wall on the southern border, only one thing is certain: There will be lawsuits. Lots of them. From California to Congress, the litigants will multiply.” One of several elements of our time that I don’t think proponents of the authoritarianism or fascism thesis truly confront is just how much of Trump’s rule is mediated and ultimately decided upon by the courts. Whenever Trump does something, everyone automatically assumes (and rightly so) that whether he can do it or not will be settled not by his violence or the alt-right’s strongman tactics or white supremacist masses in the streets but by an independent judiciary. Now […]