The Wall Street Journal published an article titled, "Trump Loyalists Push for a Combative Slate of New Judges." The first sentence repeats the theme of loyalty: "A rising faction within the conservative legal movement is laying the groundwork for Donald Trump to appoint judges who prioritize loyalty to him and aggressively advocate for dismantling the federal government should he win a second term." The implied connection is clear: Trump loyalists in executive branch seek to install Trump loyalists in the judiciary branch. Nonsense.
There is not a single word in the story to suggest that Trump appointees would be "loyal" to Trump. These judges have a constitutional vision that far surpasses whatever ephemeral issues matter to Trump. Judicial appointments can last up to forty years. Trump will be in office for, at most, four years. And if Trump prevails, he will not have to stand for any more elections, thus no more Trump-election-related litigation. More likely than not, anti-Trump litigation will be brought in blue circuits, where Trump-appointees are a discrete and insular minority. Does anyone think that a handful of Trump appointees on the Ninth Circuit will make a difference? Judges Katsas, Rao, and Walker will be flying solo on the D.C. Circuit for some time. And the Fourth Circuit is lost for a generation. I truly do not understand the thrust of this "loyalist" meme. It is not accurate, and even if accurate, will have no practical effect.
Instead, the true thrust of the piece comes in a quote from Mike Davis:
