CROSSPOST: STEVE VLADECK: The Fifth Circuit Jumps the Immigration Detention Shark
Steve’s subhead: “Late Friday, two of the nation’s most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected”…
The Federalist Society made a fateful strategic choice a generation ago: it wanted appellate judges who distrusted judging itself—who saw reasoned, good-faith application of law to facts not as the core of the judicial craft, but as an obstacle to be smashed in service of a larger ideological project. Now a great many of its rank-and-file members are flummoxed to discover that the judges they elevated, and the academics who flattered them, are locked in a grim competition to be as lawless and as indifferent to justice as possible, on the theory that if they push far enough, five corrupt Supreme Court justices will eventually come along for the ride. We saw the template in Bush v. Gore. Steve Vladeck details just one of the many fresh hells that this template has now produced:
<https://www.stevevladeck.com/cp/187199535>
