@judgeluttig Profile picture
Mar 29 11 tweets 2 min read Read on X
The Nation is witnessing the determined delegitimization of both its Federal and State judiciaries and the systematic dismantling of its system of justice and Rule of Law by a single man – the former President of the United States.
In the months ahead, the former president can only be expected to ramp up his unprecedented efforts to delegitimize the courts of the United States, the nation’s state courts, and America’s system of justice,
through his vicious, disgraceful, and unforgiveable attacks and threats on the Federal and State Judiciaries and the individual Judges of these courts.
Never in American history has any person, let alone a President of the United States, leveled such threatening attacks against the federal and state courts and federal and state judicial officers of the kind the former president has leveled continually now for years.
But suffice it to say, never in history has any person leveled such attacks and been met with such passivity, acquiescence, and submissiveness by the nation.
It is a regrettable commentary on our times that a lone federal judge, The Honorable Judge Reggie B. Walton -- because no one whose responsibility it is to do so has had the courage and the will -- would finally be left no choice but, himself, to express on national television
the profound concerns of the entire Federal and State Judiciaries over Donald Trump’s contemptible attacks on the federal and state courts, the judges of these courts and their families, and the other participants in the judicial process.
It is the responsibility of the Supreme Court of the United States in the first instance to protect the federal courts, the federal judges, and all participants in the justice system from the reprehensible spectacle of the former president's inexcusable, threatening attacks,
just as it is the responsibility of the respective State Supreme Courts in the first instance to protect their courts and their state judges from the same.
Ultimately, however, it is the responsibility of the entire nation to protect its courts and judges, its Constitution, its Rule of Law, and America's Democracy from vicious attack, threat, undermine, and deliberate delegitimization at the hands of anyone so determined.

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More from @judgeluttig

Apr 25
As with the three-hour argument in Trump v. Anderson, a disconcertingly precious little of the two-hour argument today was even devoted to the specific and only question presented for decision.
The Court and the parties discussed everything but the specific question presented.
That question is simply whether a former President of the United States may be prosecuted for attempting to remain in power notwithstanding the election of his successor by the American People.
Read 19 tweets
Mar 14
Professor Laurence Tribe @tribelaw and I have written this essay on the Supreme Court's decision in Anderson v. Trump, which @TheAtlantic has just posted.
"Whether born of a steeled determination not to disqualify the presumptive Republican nominee from the presidency, or of a debilitating fear of even deciding whether the Constitution disqualifies the presumptive Republican nominee
precisely because he is the presumptive Republican nominee, [the Court's decision] represents a constitutionally unforgivable departure from the fundamental truth of our republic that “no man is above the law.”
Read 4 tweets
Mar 4
My thoughts about the Supreme Court’s decision today, with CNN’s Jake Tapper just now.

The ruling is astonishing and unprecedented, not for its decision of the exceedingly narrow — and only — question presented
(though, significantly, four of the Justices agreed only with the “result” of that decision, and not with its reasoning)
but rather, for the five-Justice majority’s decision to reach out gratuitously and decide essentially all of the equally, if not more momentous, constitutional questions that would need to be decided
Read 7 tweets
Feb 21
Alexander Hamilton wrote to George Washington in 1792. “When a man unprincipled in private life[,] desperate in his fortune, bold in his temper . . . is seen to mount the hobby horse of popularity . . .
It may justly be suspected that his object is to throw things into confusion that he may ‘ride the storm and direct the whirlwind.’”
Thomas Jefferson agreed with Hamilton about very little, except for the danger of populist demagogues. “If once elected, and at a second or third election outvoted by one or two votes,
Read 5 tweets
Feb 17
Yale Law Professor Akhil Amar (with Andrew Lipka) completes his analysis of the oral argument in Trump v. Anderson in this second podcast, the highlights of which are that:
Indeed, the Fourteenth Amendment does restrict the states, but not by preventing them from enforcing the Amendment’s disqualifications for insurrection against the Constitution of the United States.
Rather, it restricts them from not enforcing those disqualifications. It restricts them from electing oath-breaking insurrectionists to state office. It restricts them from choosing oath-breaking insurrectionists as electors for the presidency.
Read 9 tweets
Feb 12
As if serving today’s Supreme Court as its law clerk, and dissecting the arguments he heard from counsel and questions asked by the Court about whether Section 3 is self-executing, Yale Law Professor Akhil Amar makes the compelling case for “reconsideration” of Trump v. Anderson.
I will say up front what Akhil Amar would never say: Even the Supreme Court could be forgiven for not understanding the exceedingly complicated constitutional issues presented in this historic case as well as does he.
Professor Amar explains in exquisite constitutional detail the ways in which the argument that Section 3 is not self-executing is (1) fundamentally contradicted by the plain terms of Section 3 itself,
Read 10 tweets

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