Trump needs to pick his legal battles wisely to beat activist Dems
The first 100 days of the Trump administration have been described in the same way on sites ranging from the ACLU to Vanity Fair: Chaos.It seems like the Justice Department is battling everywhere on everything at the same time.It is indeed chaos, but it is not necessarily as random or as reckless as it may seem to the naked eye.I have been critical of a number of legal moves by the Trump administration, including policies that undermine free speech values.Yet there is a type of legal chaos theory behind all of these actions.
In science, chaos theory suggests that, even in a system of seemingly random actions, there can be patterns and interconnections.The hyperkinetic litigation around the country reflects two realities.First, Democratic state governments and groups have a massive war chest to challenge any and every new policy of President Trump.In California, the Democrats actually pre-approved a litigation fund before the inauguration to do precisely that.Second, and more importantly, Trump promised sweeping changes from immigration to transgender policies to education reforms.If you know that you are going to be challenged, it is better to get into court as soon as possible to move critical cases through the legal system.
What you need is finality.Even if you lose cases, you need to know what authority you have.This is an administration in a hurry.
Trump learned in his first term that you need to move as fast and as far as possible in the first two years of a presidential term.With the midterm elections looming, Trump knows that reforms may end and investigations and impeachments will begin if the Democrats retake the House in 2026.Despite some losses, the Justice Department has succeeded generally in reaffirming its authority to seek the reduction of government and to root out waste.It has also made real progress in other areas.Take the area of greatest success for the Trump administration: Immigration.One thing that was clearly established in the first 100...