Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence. And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law's legitimacy and the warping of judges' self-understanding of their constitutional role.
Those who try to police the relentlessly transformational projects of constitutional progressives had much to dread from the Obama administration, an inveterate ally of the legal left that did what it could to graft the aspirations of progressives onto the Constitution. But Trump's presidency may be even worse, because too many judges now feel called to "resist" Trump and all his works--no matter the cost to the law's authority and to the integrity of the judicial role.
In one recent deformation, Trump was sued for incitement to riot and assault and battery when, at a campaign rally before he became president, he said "Get 'em out of here" in response to protesters in the audience. Several of these protesters were subsequently pushed and struck by others in the crowd. A Kentucky federal district judge ruled that the case against Trump could proceed because "Get 'em out of here" could reasonably be interpreted as an exhortation to attack the protesters.
"The Left Destroys Everything it Touches" - Dennis Prager