Biden, Trump, and the courts: Who's the 'lawless' one?
Remember the early months of the Trump administration, when a series of court decisions hamstrung the president's ability to implement policies nationwide, often because a single federal district court judge ruled against them? George Washington University law professor Jonathan Turley remembers, and he's noticed that the early months of the Biden administration also have yielded a similar range of court actions against Biden — but with little media attention. Writing in The Hill, Professor Turley notes:
What is not being as fully reported is that Biden actually has racked up a litany of notable court losses that may now exceed those of his predecessor in his first six months. Indeed, the Biden administration has been found to have violated the Constitution in a surprising array of cases in a surprisingly short period of time.
Across the country, trial courts have been finding constitutional violations by the Biden administration in areas ranging from immigration to the environment to pandemic relief. (snip)
These rulings against the Biden administration came in the same areas covered extensively by the media during the Trump administration, including findings of constitutional violations and discriminatory practices. When early rulings were issued against Trump, legal and media experts declared that a war on the rule of law existed, if not the onset of tyranny. However, the media has given light coverage to Biden's legal losses.
Read the whole thing for a rundown on the cases.
My online friend David Kahn, a lawyer, emails:
The media repeatedly characterized the Trump administration as Lawless. This article shows that, if court decisions are to be a guide, the Biden administration is no better. But that gives an incomplete picture. The Biden administration has promoted illegal immigration and supported sanctuary cities, both violations of federal law. And while Trump was the target of the medias claim that he had dictatorial tendencies, Biden has issued more executive orders in the first part of his administration than any president in history. And Biden has complete control of the press while Trump had no press control. Even if you look at the Obama administration, Trump does not exceed Obama's tendency to act unilaterally, and Obama had better success in the courts and certainly enjoyed much more control of the press.
Spot the "lawless" and "dictatorial" president...
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