Donald Trump and the limits of legal realism lawyersgunsmoneyblog.com/2020/11/the-li…
While the attitudinal model is a useful first approximation, the best way to think about appellate judicial behavior if Michael Klarman's two continua: legal texts range from determinate to indeterminate, policy preferences from weak to strong lawyersgunsmoneyblog.com/2018/02/think-…
The attitudinal model works quite well for Supreme Court decisonmaking because the interesting cases disproportionately cluster at the right end of both continua. At he circuit court level, judges often have less discretion.
In this case, Trump is asking judges to be ENTIRELY lawless, and to do so in a case that wouldn't even directly hand Trump the presidency. That was always going to be a very, very, very tough lift.
Another position that was always going to be a tough sell is the Trump/McConnell claim that the presidential election was completely fraudulent but amazingly this didn't affect downballot races at all. Courts tend to notice stuff like this 
"Here, the Campaign’s request fails as both inequitable and futile"
"These claims cannot succeed"
Rudy can be sanctioned and disbarred
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