YES, THIS IS WORTH YOUR TIME:
Important thread by @ProfMJCleveland. Trump’s lawyers have skillfully bent over backwards to avoid conflict with Art III in the face of massive provocations. Read the whole thing. https://t.co/Urk3Bf4AdP
— Randy Barnett (@RandyEBarnett) March 19, 2025
Related:
This lesson used to be taught to every law student on the first day of Constitutional Law—or whatever day Marbury v Madison is taught: How Marshall brilliantly claimed the duty of judicial review without mandating Jefferson do something he might well have refused to do. https://t.co/QstoVP3ba9
— Randy Barnett (@RandyEBarnett) March 19, 2025
Yes, before the decision in Marbury was announced, President Thomas Jefferson had already stated that if he lost, he would not obey a ruling for the plaintiff. Background here.
Plus:
All the courts have is the perception of legitimacy, which can be lost. The Left has been systematically attacking the legitimacy of the Supreme Court. Now progressive district court judges are undermining the legitimacy of the judiciary on the right. This is so dangerous. https://t.co/BKLUv5rC7Z
— Randy Barnett (@RandyEBarnett) March 19, 2025
After Dobbs, the left went on the warpath against the Supreme Court. Now the federal judiciary is delegitimizing itself with the right. Chief Justice Roberts’ concerns with “legitimacy” seem mostly focused on the New York Times and Washington Post editorial pages. That is a serious error.