The "Massive Resistance" and Ideas About How to Fight It
"Kicked dogs howl."
Good generals win battles by choosing the terrain on which they fight. Historical examples abound from Henry V at Agincourt to George Meade at Gettysburg. My favorite is Wellington at Waterloo.1 Wellington chose the terrain that favored him and forced Napoleon to attack uphill, through the mud. And that was the end of the Napoleonic empire.
The radical Democrats have now chosen the terrain upon which they wish to fight the reforms that voters demanded last November. Their chosen terrain is hand-picked courts with “progressive” judges who will not shrink from joining the revolution against President Trump. Their weapon of choice increasingly are lawsuits that seek a broad, even nationwide, injunction against the President to prevent his exercise of the executive power vested in him by the Constitution.
The administration is conducting a vigorous defense on the Plaintiffs’ chosen terrain in these cases, but even a successful defense can take an inordinate length of time. The administration and its allies, including GOP state attorneys general, should launch counter-attacks on other terrain where the rebellious Democrats and their enablers are not prepared for the fight. The administration is already doing this in many cases. But this article will throw down a few ideas.
Many options should be considered, and this article will summarize three: (i) congressional limitations on judge shopping in nationwide injunction cases; (ii) recall elections of state governors and attorneys general who are leading the lawfare effort against the Trump administration; (iii) investigations of possible suits, both criminal and civil, against governors, state AGs, and those who are collaborating with them as part of their illegitimate lawfare campaign.
A full exposition of even these few possibilities is far beyond the scope of this article but read on for an overview of some suggestions.