Chris Bray on recent innovative judicial activism to constrain the evil machinations of the Bad Orange Man:
It won’t be news to anyone that the federal judiciary has decided Donald Trump has no authority as President of the United States but to serve and protect the status quo, absolutely without deviation. Change is unconstitutional. Policy is unconstitutional. But even by that standard, today has been very special.
Without digging into all the details about everything, skim your way through a single judicial decision to begin to see what’s happening: the decision from District Court Judge Ana Reyes, ordering the Department of Defense to allow the continued service of transgender military personnel. You can click here to read it, or open the PDF file below.
This is not a judicial decision. I mean, it is a judicial decision, but it doesn’t represent judicial culture or a judicial outlook. At all. It’s a bitchy schoolgirl essay about being fair and not being mean, with healthy doses of platitudinous foot stompery. Screenshot, bottom of page one and top of page two:
“Today, however, our military is stronger and our Nation is safer for the millions of such blanks (and all other persons) who serve.” Because she says so, is why. The old bigoted American military was very weak. I don’t remember: Did the old dumb bigots ever even win any wars or anything?
[…]
Our military is much stronger now than it was when gay and transgender service wasn’t warmly encouraged, the end. (Stomps foot.) It’s a TikTok video formatted to look like a, you know, a judge thing. You can even agree with the judge and see that she hasn’t made an argument. “Today, however, our military is stronger.” Like when we beat the Taliban, or all the other wars we’ve won lately. This is the declarative reality in which a thing becomes true because you type it.
Now, watch this. Watch Judge Ana Reyes roll right over herself without noticing that she’s doing it. You don’t have to read past page two to see this.
On page one, she characterizes the reasoning — the premise the administration advanced to forbid military service by transgender personnel: “Service by transgender persons is ‘inconsistent’ with this mission because they lack the ‘requisite warrior ethos’ to achieve ‘military excellence’.” That’s it, those mean monsters! That’s their whole reason! They said trans people can’t serve because of, I don’t know, some stupid ethos thing. What does that even mean?
