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I think this kind of overly simplistic reflexive analysis of judge's motivations on a close textual question does no favors to those who seek to oppose Trump on legal issues when case is much strongerhttps://twitter.com/johnwdean/status/935649271914754048 …
In other words just because one hates Trump doesn't mean his legal positions are inevitably wrong. And claiming arguments against Trump's legal position are easy in cases where they are hard undermines credibility across the board.
Please speak to Norm Ornstein about this.
this is one area where @NormOrnstein and I disagree. I think it is a close legal question and reasonable people can differ about it.
Which is healthy. He tonight offered the position that no judge but a Trumpist would come down for admin. That’s plainly overheated.
I'm no Trump fan, and would infinitely prefer English to Mulvaney at CFPB. But I think Trump wins on the law here. And IMO I don't think it's even especially close.
My TL has tons of lawyers, mostly Democrats, and everybody seems to think Trump will win this, easily.
Yup. Like Mr. Tait and Prof. Hasen, id prefer pro consumer admin. It’s contestable, but not really close. The unavail language is ambiguous. Even if you resolve for English, you then launch into a constitutionality problem over the appointment/structure.
Precisely.
Have we ever before had two people claiming to be head of a federal agency?
You must not realize what a civil war looks like.
The idea is to tie him up legally and on as many fronts as possible until the fall of 2018. You know the drill. In 3 months, this would have been Trumps choice anyway. Now he’s in it. The longer the better.
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