David French applauds a federal judge on the West Coast for using her eyes and refusing to accept the presumption of regularity as to Trump’s misuse of his emergency powers. He wants the Supreme Court to follow her example. Is he right?
He absolutely is. This is the single biggest issue the Court will confront in the next few years. Unfortunately, there is every reason to believe, based on nearly a year of evidence, that the Court will continue to assume that Trump is operating in good faith when he argues that the sale of illegal drugs by foreigners is an “invasion” and that a handful of peaceful ICE opponents are engaged in an “insurrection.” If that happens, the door will be open for Trump to use the law to create an openly authoritarian state. Given the opportunity, do you doubt he will take it?