By now everyone is familiar with the Lawfare network; an alliance of ideological political interests inside and outside government who use the law to achieve their objectives. [Specific Example Here]
During the Obama administration the Lawfare group: (1) weaponized the IRS for political targeting; (2) weaponized the DOJ and FBI for political targeting; (3) weaponized the intelligence community for political activism; (4) created new legal theories around ‘disparate impact’ to weaponize the National Labor Relations Board; and generally used embedded officials to advance far-left political interests across the spectrum of govt.
After they lost the 2016 election the Lawfare group immediately: (1) worked to delegitimize the presidency of Donald Trump; (2) delegitimize National Security Adviser General Flynn; (3) target, disempower and isolate AG Jeff Session; (4) delegitimize AG Bill Barr and the institution of the FBI outside their control; (5) delegitimize DHS, Border Patrol and Immigration Customs Enforcement (ICE); and (6) delegitimize any institution or office that would now be removing or overturning their former Lawfare constructs.
What we are seeing today from the Lawfare Alliance appears as a designed effort to continue this overall agenda; now focused on delegitimizing the Supreme Court of the United States.
In the last few months the Supreme Court has been moving toward eliminating the ability of Lawfare allied federal judges from ordering nationwide injunctions. The latest SCOTUS decision was 7-2 to stop this Lawfare practice. If activist judges are stopped from blocking executive branch policy, this creates a serious problem for the Lawfare Alliance.
Simultaneously, President Trump is filling vacancies on the federal bench at a strong rate. President Trump has now appointed 150 federal judges into the judicial bloodstream. This further impedes the ability of the ideological Lawfare Alliance to achieve their objectives.
With the Supreme Court tenuously holding a 5-4 conservative outlook, and the strong possibility the loss of Justice Ginsburg might create a 6-3 court, the Lawfare group is now lashing out and planning for ways to retain their position.
The next Supreme Court calendar is likely to be devastating to the ideological left. The court is scheduled to hear arguments on everything from gun rights cases to the Census citizenship question and a likely defeat over Obama’s unconstitutional DACA executive action. Losing on the DACA case would be a catastrophic defeat for the political left, who have weaponized open-immigration for maximum political value.
It’s the DACA ruling in combination with New York State Rifle & Pistol Association v. City of New York [(arguments Monday, Dec. 2) whether the city’s ban on taking a handgun outside city limits violates the Second Amendment] that could lead to major trouble for the Lawfare Alliance.
Ideologically it is possible the Lawfare Alliance will attempt to ignore the Supreme Court DACA ruling by taking a similar approach to their Sanctuary City policies. That is to say the ultra-far-left political activists will demand ‘blue states’ do not comply with the Supreme Court decision and set up some internal sanctuary network that defies the SCOTUS ruling. You can imagine this approach would be a problem, as defiant states openly rebuke the Supreme Court.
….So following along with what we know about how Lawfare operates, the current attacks to delegitimize Justice Brett Kavanaugh really give the appearance of entreaties toward delegitimizing the rulings of the court. Rulings such as the pending DACA decision.
That appears to be the strategic purpose for the Lawfare Group to weaponize their ideological allies in the left-wing media, and to start hyping the SCOTUS antagonism now.
Creating a crisis to achieve their results, is simply how the Lawfare group work…