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.

Mostly, the district courts have become a weird form of patronage. These judges come from good schools but were not great private practice attorneys. Most found their way into a federal prosecutor’s office, where they could make friends with the political class to angle for a position on the bench. Once on the bench, they could then lever that into jobs for friends and family in the Blob. District judges are one of the many gatekeepers for entry into the Blob.

Here is where you see the social aspect of managerialism. These judges do not have to be told to oppose the Trump admin. They just know it is their role because everyone they know hates Trump. Judge Boasberg is not defending what he has always claimed to oppose because he is a hypocrite. He is simply putting the welfare of his friends and family ahead of political concerns. He is operating from class consciousness and the class he is defending is the managerial class.

Of course, the court system has been a mess for a long time. The Supreme Court that decided Brown simply invented a new moral code to be imposed on the American people by the judiciary. The court that invented the right to buy contraceptives and abort your baby was doing the same thing. When Justice Kennedy wrote the majority opinion stating that the right to marry is a fundamental right, he did so not as a legal scholar or defender of the Constitution, but as a secular priest.

The judiciary as a priestly class is always a risk because in a liberal political order the law is the manifestation of general morality. One reason we have so many laws in public government versus private government is the morally right choice for every conceivable action must be written down so the shamans in the court system have something to point to when making their declarations. That and it is the only way to overcome the traditions of the people regarding public morality.

It is how in 1985, US District Court Judge Russell Clark began a terror campaign against the people of Missouri. He took over the Kansas City, Missouri School District, forcing the people to pay billions in taxes to underwrite his madman effort to create paradise on earth. This terror campaign was allowed to go on for a decade until the Supreme Court finally got around to ending it. Two billion dollars were spent, and thousands of lives were ruined by a single lunatic judge.

What the district court system has become is a way for the managerial class to impose its morality on the rest of us, via the court system. Since there are over six hundred district judges, there is no escaping them. Every state government must act in the shadow of what is, in effect, an ideological enforcer for the Blob. The district courts are now an ecclesiastical court for the purpose of heading off any signs of apostacy before they gain public support.

In the short term, the only remedy for the Trump administration is to fight this weird priesthood in the court and the court of public opinion. Congress could help by stripping some power from the district courts, but Republicans are useless, so no one should expect that to happen. Chief Judge Roberts could step in, but he is clearly blobbed up, so that is unlikely. His behavior in the Obamacare case made clear he acted under duress to change his position.

In the long run, the solution is to make the district court position temporary, so it loses its value in Washington. Doing a turn as a district judge should be viewed as a resume builder for someone on partner track at a big firm or maybe as a career builder for a lawyer who wants to build his own firm. District judges were supposed to handle mundane administrative tasks to free up the superior court. Making it a steppingstone position would restore that function.

In the even longer run, normalizing the judiciary means the end of ideology, because as long as we remain an ideological state, there will be people who see themselves as priests tasked with enforcing the moral claims of the ideology. The death of ideology means morality is once against rooted in the traditions and customs of the people and the law has a process for that. It is called precedent. Since before Code of Ur-Nammu, this has been the basis of the law and an orderly society.

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One way to look at the last ten years is as the struggle of the United States to finally close the books on the Cold War and the 20th century. The reason Trump exists, and the managerial system has reacted in such a violent way toward him, is that he represents the end of the conditions that made it all possible. The return of a strong executive and the normal functioning of government is the end of the managerial system and everything around it.

The comparisons to the late Soviet times are compelling because the Russians went through a similarly violent process to escape their own managerial system and the ideology that controlled it. Like the Soviets, America is now run by old people trapped in the past, lacking the talent to adjust to new realities. Like the Soviet system, the American system barely performs basic functions. Like the Soviets, American political actors can only break things.

That last part is important. Reform by its very nature calls into question the legitimacy of current processes. The reason for reform is that the system is not working to the satisfaction of the users, so it must be changed. Good reformers, however, do not attack the core logic of the system, but focus instead on the parts of it that implement that core logic to maintain the legitimacy of the whole. Maybe it means new people or possibly changes to parts of the system.

Reforms in the late Soviet period undermined the core logic of the Soviet system, resulting in poorer outcomes. We see the same thing in America. The response to Trump in 2016 by conservatives and their party only served to sap the legitimacy of the conservative movement and the Republican Party. Trump started as a vanity candidate, but by January of 2016 he had become the champion of the party voters against the ossified party leadership.

Similarly, the behavior of the media cratered trust in the media. Their efforts to cajole, convince and intimidate people into going along with the managerial class eroded all trust in the media. By the end of Trump’s first term, trust in the media had collapsed to the point where only regime toadies trusted it. The same could be said for the people it was defending. Trump won in 2024 because the main tools of his enemies had been delegitimatized by his enemies.

We are now seeing another phase of this as district judges claim authority over vast parts of the executive branch. The last month has seen these inferior court judges claim to have power over the hiring and firing of personnel, the budgets of executive agencies and the conduct of foreign policy. A judge just ordered the military to enlist mentally unstable people. To stop the future, the managerial class is now destroying the credibility of the courts.

Public trust in the courts was already at a nadir because of the abuses we saw in the Obama years and then the Biden years. When the court ruled that mandating medical insurance was right there in the constitution, the rule of law took a sharp turn into absurdity, but when the Supreme Court ruled that two men sharing rent and bed is the same as your parents, then trust in the law was in free fall. It only got worse in the Biden years with the lawfare against Trump supporters.

What we are seeing from the courts now is the breaking point. No one would dare poll on it, because they fear the result, but there is certainly a majority in favor of the Trump administration telling the courts to pound sand. The whiffs of Sulphur the usual suspects are always sure they detect are not real, but rather they are the floral aroma of Caesarism in response to the reckless behavior of the courts. When the rule of law fails, the people always choose the rule of men.

While this may feel like a positive omen, there is another lesson from the end of Soviet Russia to keep in mind. Russia at the end of communism was a poor country, but a lawful country. It had rules that the people tried to respect. It then entered a period where it was a poorer country and a lawless one. When trust in the system collapsed, trust in the rules collapsed with it. It was only when a new elite emerged to impose a new system and new rules that lawfulness returned.

In other words, this dip into lawlessness we are seeing could very well portend a general descent into lawlessness. Like post-Soviet Russia, we could very well be entering a period where we get poorer as the rule of law collapses. Unlike Russia, America is not a homogenous society with a thousand years of history. America is a diverse country which is a polite way of saying it is a collection of people who would just as soon not share a country with one another.

If the elites backing Trump’s reforms wish to avoid a terrible end to their reform effort, they are going to need to deal with these hothouse radicals on the bench who cannot grasp the danger of their actions. The challenge, as with all reforms, is in dealing with the problem while not undermining the legitimacy of the system. These judges think they are heroes defending the system against the monster, when in reality they are a cancer threatening the last functioning part of the system.

It is not an easy task, which is why most reform efforts fail. In the end, it turns out to be easier to scrap the old and replace it with something new, but the problem is no one can predict who will win and who will lose in that process. It is why the reform is always the safe choice, despite the dismal record. It promises predictable winners. If today’s reformers want to be winners, then these judges need to be made into losers, without making the rule of law a loser as well.

If you like my work and wish to donate, you can buy me a beer. You can sign up for a SubscribeStar or a Substack subscription and get some extra content. You can donate via PayPal. My crypto addresses are here for those who prefer that option. You can send gold bars through the postal service to: Z Media LLC P.O. Box 1047 Berkeley Springs, WV 25411-3047. Thank you for your support!

Note #1: Last Wednesday was the fourth edition of a show I am doing with Paul Ramsey every Wednesday at 8:00 PM which you can watch live on Rumble and YouTube and, of course, watch at your leisure after the fact.

Note #2: Behind the green door, there is a post about why deporting anti-Israel protestors is a good start, a post about the dangers of the Ukraine tarpit, and the Sunday podcast. Subscribe here or here.

Note #3: Since we are getting signs of spring, it means it will not be long before it is hot, which means t-shirt weather. Just in time for t-shirt season, we have a new shirt for The Occidental Club, which you can buy here.

Over the weekend there was a poll released that said only seven percent of Americans have a high opinion of the Democratic Party. It also said that the party is enjoying its lowest approval rating ever recorded. The events of last week suggest that the party is a disorganized mess at the moment. This is due in large part to the fact that what we call the left has collapsed into chaos. They no longer can explain what they oppose, much less what they claim to offer.

This is due to the transformation of the left over the last thirty years into a grab bag of conspiracy theories and grievances. The American left has always been a conspiracy theory, of sorts, owing to its roots in American Protestantism, but it had a positive agenda through most of the twentieth century. The long list of things it opposed stood in the way of the things it desired. Over the last thirty years, those desires have largely faded, leaving just a list of enemies.

The most obvious example is the antifascist conspiracy theory that was dominant with self-identified leftists for the last decade. The fact that there are no fascists in this age has been used as an opportunity to create them. The same thing happened with conspiracy theories around race. Instead of Hitler hiding behind every bush, it is men in white hoods ready to pounce. The dominant subcultures of the left over the last few decades are all conspiracy theories of some sort.

Another defining feature is that the progressive coalition is all driven by something called ressentiment. This is a sense of hostility towards something or someone that is viewed as a cause of one’s diminished condition. It is frustration at the sense of inferiority and hatred at a perceived external cause. This blend of envy and hatred results in a moral code which delegitimizes the cause of the person’s failure and elevates the status of the alleged victim.

This is what lies behind tabloid news of the rich and famous. The primary appeal is to people who feel they should be rich and famous. The failings of the actual rich and famous allow these people to feel as if they are living better lives or are better people, despite the fact they do not have what they desire. On the one hand they envy the people they follow, but on the other hand they relish their suffering as it allows them to feel morally superior to them.

What we call the left operates the same way. They often target people who are living good lives but hold opinions that the left does not like, and this is what triggers their envy and resentment toward that person. On the one hand, the person “exposing” the bad person is a loser in the conventional sense, while the person they are harassing is successful by conventional measures. Doxing is a formalization of a process by which the loser flings her poo at the winner.

The recent spate of vandalism directed at Tesla automobiles is a good example of how this blend of righteousness and anger works. These people are attacking cars because on the one hand, they envy Elon Musk and what he is doing. He is the man of action they wish they could be, but they are losers, so they hate him for his success as a way to justify their low status. The attacks on the cars themselves are like a child throwing a tantrum when frustrated by a toy.

This is not a surprising development as what we call the left in America is a manifestation of certain aspects of American Protestantism. The progressive ideology is popular Christianity stripped of its Scriptural foundation. What was supposed to console the weak and downtrodden with a promise of everlasting life now seeks to comfort losers with the claim that their betters are not really better. They are bad people because the believers have declared them to be bad people.

The trouble for the people we call the left is that Christianity is a life-denying religion in that what matters is what comes after this life. The faithful navigate this world of sin to reach everlasting life after death. For those who care only about this life, this cannot work, so those Christian ethics at the core of what we call the left quickly curdled into a bundle of resentments and hatreds. The American left is a workshop of resentment staffed by the ugly who live to oppose beauty.

The genius of Christianity is that it offers an image of beauty, the perfectly beautiful, that allows the faithful to catch glimpses of it in the fallen world. Resent and envy toward these glimpses of beauty are sins. Instead of cultivating these qualities among the lower classes, it celebrated those glimpses of beauty to motivate the faithful toward a Christian life with the promise of eternal life after death. Failure in this world was turned into a motivation to strive for success in the next.

The modern left lacks all of this. Instead, it offers the faithful nothing but a sty in which they can wallow in their own crapulence. As a social and political force, it is nothing more than a bundle of incoherent hatreds. While those hatreds provided a rally point for a period, no movement can exist only on hatred. This is why what we call the left is falling to pieces and taking its party with it. The last ideology, American Progressivism, is sinking into the mire of its own hatreds.

If you like my work and wish to donate, you can buy me a beer. You can sign up for a SubscribeStar or a Substack subscription and get some extra content. You can donate via PayPal. My crypto addresses are here for those who prefer that option. You can send gold bars through the postal service to: Z Media LLC P.O. Box 1047 Berkeley Springs, WV 25411-3047. Thank you for your support!