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The Swirling Vortex of Weaponised Lawfare

 The article discusses the intertwining issues of lawfare, the judiciary’s failures, and the political landscape in the context of the United States, particularly regarding the Trump administration and broader judicial actions.

1. Judicial Failures During Covid: The courts did not protect rights and liberties during the Covid years, leading to a perception of judicial failure.

2. Threats to Democracy: Technocratic elites are viewed as a greater threat to democracy than populist movements, with judges seen as the last bastion defending gains made by social justice movements.

3. Judicial Fallibility: Judges are not infallible. Historical cases in Australia illustrate that wrongful convictions can and do occur, and personal biases can influence judicial outcomes.

4. Corruption and Oversight: There are mechanisms for addressing judicial incompetence, but incidents of corruption, such as a recent scandal involving a judge in India, highlight weaknesses in oversight.

5. Judicial Overreach: Questions are raised about judges’ self-discipline and whether they may overstep their boundaries, especially when balancing the urgency of executive actions.

6. The Political Landscape: A significant ideological disconnect exists between judges and public sentiment, as seen in the political donations of American law professors and judges’ decisions aligned with specific political ideologies.

7. National Injunctions: The article notes how district court judges can issue national injunctions, indicating potential judicial overreach and suggesting that these decisions can be influenced by political biases.

8. Calls for Reform: Proposed reforms include forming a three-judge panel from different circuits to handle presidential order challenges, which may help restore balance among branches of government.

9. Global Context: Similar issues are noted in other democracies, such as Australia and Canada, where courts are viewed as interfering with elected officials' powers and exacerbating political crises.

10. Elite Contempt for the People: There is a growing sense of contempt among elites, including judges, towards the general public and their political choices, contrasting with the direct engagement seen with populist leaders.

The article argues that there is a troubling trend in how judicial systems, influenced by ideological biases and elite perspectives, are affecting democratic governance. It calls for reforms to ensure accountability and align the judiciary more closely with the people’s sentiments, suggesting that unchecked judicial power may risk fundamental democratic principles. 

https://brownstone.org/articles/the-swirling-vortex-of-weaponised-lawfare/

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