The Priestly Class
25th March 2025
ZMan says the quiet part out loud.
One of the features of the first Trump administration was the endless litigation that was intended to throw sand in the gears of the White House. Much of it was irrational and did not hold up under appeal, but that was not the point. The goal was to kill the administration with a thousand cuts. We are seeing a replay of this in round two, but the administration seems prepared for it. There is both a legal strategy and a public relations strategy for dealing with the lawfare.
This lawfare is possible due to one of the many carryovers from the post-Cold War period in which the Washington class was allowed to run wild. The inferior courts where this lawfare is being waged are packed with friends of Washington. Half of the judges were nominated by Republicans and the other half by Democrats, but all were on the list because they are friends of the Blob. Time and again we see that the judges issuing restraining orders on the admin have family in the Blob.
One result of this is the ground floor of the federal judiciary is now the first line of defense for the Blob. Anyone challenging the regulatory state knows they first must make it through this minefield. It is one way to make the cost of challenging the regulatory state prohibitive. Almost all litigation against the administrative state would fail at the first step and then go to appeal. For most potential litigants, dealing with the hyper-politicized district courts was cost prohibitive.