Members of this new guard know what they were put on the bench to do. They are cheered on in conservative media and welcomed as heroes by the GOP. And when a Supreme Court vacancy opens under the Republican president, whether it's Trump, Gov. Ron DeSantis, Sen. Josh Hawley, or some other demagogue, these judges will be first in line for a promotion…
Tuesday, March 14, 2023
Trump Judge Kyle Duncan's tantrum at Stanford Law was part of a bigger plan.
This outrageous conduct may seem shocking to those who expect judges to adhere to the Judicial Code of Conduct by behaving with humility and restraint (and by treating their colleagues with basic dignity). But as attorney Matthew Stiegler noted on Monday, these jurists are making a rational calculation. Writing careful, serious opinions is no longer a viable path to SCOTUS. The conservative legal movement is increasingly looking for judges who approach the job with a politician's instinct for ruthless demolition of the opponent. John Roberts' style of polite, restrained conservatism is out, jettisoned in favor of brawling, fiery radicalism. Trump and his advisers—most importantly, Federalist Society co-chair Leonard Leo—chose judges like Duncan because they represent a younger generation of jurists who defend their beliefs with rancor and fury.
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