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For a year or so DonaldTrump has left little doubt of his authoritarian impulses. He has attacked the independent press, defamed Judge Gonzalo Curiel, consistently praised dictators, tried to discredit our electoral system and, when it suited him, threatened to lock up his political opponent. He has made a mockery of Republicans claim to be the party of constitutional rectitude. And now he has abandoned any pretense that he understands or respects our constitutional system.

The Post reports:

President Trump denounced arguments against his immigration order as disgraceful on Wednesday, a day after three federal appellate judges lobbed critical inquiries at those challenging and defending the plan, and suggested a ruling against his administration would be based on politics and not a fair reading of the law.

In a speech to law enforcement officials in Washington, Trump argued his executive action is clearly legal and read aloud the relevant part of the law, which he called so simple and so beautifully written and so perfectly written.

I watched last night, in amazement, and I heard things that I couldnt believe, things that really had nothing to do with what I just read, he said. And I dont ever want to call a court biased, so I wont call it biased. And we havent had a decision yet. But courts seem to be so political and it would be so great for our justice system if they would be able to read a statement and do whats right.

He clearly threatened to blame the judiciary for any future attacks if he didnt get the ruling he wants. He tweeted, If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics! This comes after he singled out the trial court judge for the initial ruling. (He tweeted, Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad! He claimed, The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!

When President Obama mildly urged the Supreme Court to uphold Obamacare, conservatives had a meltdown, accusing him of disrespecting the judiciary. Aside from a few mild rebukes of the presidents initial comments about District Court Judge James Robart they no surprise have been mute.

One would expect the 9th Circuit to rule on the merits of the case, but a defense of judicial independence would be in order. (In normal litigation a party might be held in contempt for such invective, but the court surely wont go that far.) And where is the Federalist Society? Former Supreme Court advocate Sen. Ted Cruz (R-Tex.)?

Democrats would be wise to take two steps. First, if they introduce a resolution censuring the presidents outbursts they can force Republicans to own the comments. The spectacle of Republicans defending the presidents right to bully judges would be impressive, especially in the context of the Supreme Court confirmation fight. And thats the second move for Democrats: They must demand Gorsuch rebuke the comments and defend the independence of the judiciary. Thats the essence of the argument (to the extent there is one beyond the stolen seat claim) against Gorsuch, namely that he will do Trumps bidding once on the court. (We think Gorsuchs intellectual integrity is such that he would never buckle, but thats the Democrats argument.) If he cannot rebuke the president for blatantly inappropriate remarks which bring dishonor on the executive and demean the judiciary, Democrats will have a legitimate concern about the politicization of the court.

Lets see what Democrats and Republicans do. As with Republicans muzzling of Sen. Elizabeth Warren (D-Mass.) Trumps outburst gives Democrats an opening to expose Trump and his apologists as authoritarian bullies.

Read this article:
Democrats and Gorsuch must counter Trump's attacks on the judiciary - Washington Post (blog)