Just how much is Trump’s judiciary sabotaging the Biden presidency?

“No one has ever elected Matthew Kacsmaryk to anything.

Kacsmaryk, whom former President Donald Trump appointed to the federal bench in 2019, was previously a lawyer for a Christian right law firm. He once claimed being transgender is a “mental disorder” and that gay people are “disordered.” He’s also one of the most powerful immigration officials in the country, having successfully wrested control of much of America’s border policy away from the man Americans elected president in 2020.

With the Supreme Court’s blessing, Kacsmaryk ordered President Joe Biden’s administration to reinstate Trump’s “Remain in Mexico” policy, which requires many asylum seekers who arrive at the United States’ southern border to stay in Mexico while they await a hearing.

Even if you ignore the moral implications of reinstating such a policy, there are good reasons to doubt that the policy is a good use of America’s limited border security resources. And Kacsmaryk’s decision is also unlawful for numerous reasons.

One of the most important reasons is that it upends the balance of power between the president and unelected judges. Reinstating the Remain in Mexico program requires the Mexican government’s cooperation — which means that Kacsmaryk ordered the United States to change its diplomatic stance toward Mexico. And that’s despite decades of warnings from the Supreme Court that judges should be “particularly wary of impinging on the discretion of the Legislative and Executive Branches in managing foreign affairs.”

Kacsmaryk’s decision, and the Supreme Court’s decision to stand with Kacsmaryk against President Joe Biden, is one of the most dramatic examples of the Republican-controlled federal judiciary’s many conflicts with America’s Democratic president. But it’s hardly an isolated incident.

In just four years as president, Trump remade the federal judiciary — all with a big assist from a Senate Republican leader willing to break any norm in order to ensure GOP control of the courts. Trump appointed a third of the Supreme Court and nearly a third of all active appeals court judges. He also peppered federal trial courts with conservative activists like Kacsmaryk, who are eager to overturn some of the most fundamental assumptions of US law.

Nearly one year into Biden’s time in office, the result hasn’t exactly been a bloodbath for his policies — in contrast to the seemingly never-ending array of lawsuits seeking to repeal Obamacare, no federal judge has yet tried to repeal Biden’s major legislative accomplishments such as the American Rescue Plan or the Infrastructure Investment and Jobs Act. But in two areas in particular, immigration and public health, the courts have been unusually aggressive.”

“if the Supreme Court wanted lower-court judges to stop ignoring precedents that permit President Biden to govern, it could intervene to stop them from doing so. Instead, it has rewarded many of the most aggressive conservative innovators within the judiciary.”

South Dakota’s Governor Succeeds in Blocking Voter-Approved Marijuana Legalization

“South Dakota voters made history last November by simultaneously approving ballot initiatives aimed at legalizing recreational and medical use of marijuana. The success of the broader initiative, Amendment A, was especially striking because it prevailed by an eight-point margin in a state that is mostly Republican and largely conservative. But thanks to a legal challenge backed by Republican Gov. Kristi Noem, Amendment A was almost immediately tied up in litigation, and last Wednesday the South Dakota Supreme Court definitively overturned it, ruling that the measure violated the “single subject” rule for constitutional amendments.”

“State legislators proved more willing to set aside their personal views on marijuana in deference to the policy preferred by voters. “In my mind, [legalization is] inevitable because we’ve already seen the support from the public,” Senate Majority Leader Gary Cammack said after Klinger’s decision. “I didn’t vote for recreational marijuana, but my constituents did,” added Greg Jamison, another Republican senator. “Rarely do we get a chance to enact a law and not for sure know what our constituents think of that. Here we know.”

In response to such comments from members of her own party, Noem threatened to veto any legalization bill the legislature might decide to pass. Noem later suggested she might be open to decriminalizing low-level marijuana possession. Possessing two ounces or less is currently a misdemeanor punishable by up to a year in jail and a maximum $2,000 fine.”

The Federalist Society’s newest enemy: Corporate America

“In a market society, economists Milton and Rose Friedman wrote in 1979, “the consumer is protected from being exploited by one seller by the existence of another seller from whom he can buy and who is eager to sell to him.” In theory, if one company adopts “woke” branding that offends its customers, then the market will deliver those customers into the waiting arms of a competitor.

Yet, rather than waiting for the hand of the market to deliver an invisible spanking to “woke” corporations, speaker after speaker at the Federalist Society’s convention called for a central planner to intervene. ”