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Arch-white nationalist @StephenM announced yesterday a new legal organization to mount challenges to anything the Biden administration does that he deems illegal. https://thehill.com/homenews/media/546860-stephen-miller-launching-group-to-challenge-democrats-policies-through
"America First Legal," is an all white male gang of ideologues includes former Trump chief of staff Mark Meadows, one of Trump's acting Attorneys General Matthew Whitaker, former OMB director Russ Vought, former DOJ counselor Gene Hamilton, and...
Conservative Partnership Institute executives Ed Corrigan and Wesley Denton. (CPI was founded by Jim DeMint, former S. Carolina congressman, who left the Senate to head the Heritage Foundation, only to be ousted in 2017 for-get this-being too cozy with the Trump administration)
AFL is an anti-ACLU. It plans to use the courts to obstruct anything it deems pro-immigration, anti-gun, pro-abortion, etc.
Miller's been a regular on the conservative circuit since Jan, loudly waging a shadow war against the Biden administration.
But AFL is something bigger.
Miller's been a regular on the conservative circuit since Jan, loudly waging a shadow war against the Biden administration.
But AFL is something bigger.
Legal nonprofits like AFL aren't a new thing, of course, be they conservative or liberal. But it would be a mistake to lump AFL as just another legal nonprofit. Let me explain.
Miller framed AFL's mission as "return fire" for the way 'progressives' utilized the courts to stop Trump admin policies. It became a cycle: Trump signed an order, it was swiftly enjoined, reworded, enjoined again, rinse, repeat, until finally it passed constitutional muster.
But with Miller is now heading a group of ideologues who a) have a unified mission, b) have an axe to grind, c) have the still-extant govt connections to make things happen, and d) have significant fundraising ability, I think it would be a serious mistake to underestimate AFL.
I'm not sure if I can think of any other legal nonprofit better poised to be the anti-ACLU.
Justice Breyer might disagree that the Supreme Court is conservative, but there are three main risks with a group like AFL:
Justice Breyer might disagree that the Supreme Court is conservative, but there are three main risks with a group like AFL:
First, some of our biggest wins for inclusivity, compassion, common sense and acceptance are at risk. Think Roe v. Wade, Obergefell v. Hodges.
Second, the risk of bad decisions being expanded. Think D.C. v. Heller.
Second, the risk of bad decisions being expanded. Think D.C. v. Heller.
Third, the risk of new bad decisions on unruled issues. Think birthright citizenship for children of the undocumented.
It's not just SCOTUS. AFL will tee up cases for a judiciary where Trump appointed 223 other judges in only 4 years.
It's not just SCOTUS. AFL will tee up cases for a judiciary where Trump appointed 223 other judges in only 4 years.
Many appointments were in jurisdictions where the balance flipped from Dem to GOP-appointed majorities (notably, the 2nd, 3rd, and 11th Circuit Cts of Appeal).
These courts are frequently courts of last resort, since most cases don't make it up to SCOTUS. https://www.reuters.com/article/us-usa-trump-legacy-factbox/factbox-donald-trumps-legacy-six-policy-takeaways-idUSKBN27F1GK
These courts are frequently courts of last resort, since most cases don't make it up to SCOTUS. https://www.reuters.com/article/us-usa-trump-legacy-factbox/factbox-donald-trumps-legacy-six-policy-takeaways-idUSKBN27F1GK
In short: Miller plowed and seeded the field while he was in the White House, and now he's going to grow it. Again - I'm not sure I can think of a more fertile setup for far-right judicial activism.
Miller has a lot of enablers to get him where he is now (including the #TantonNetwork, from whom I'm sure we'll see a lot of framing, policy, and amicus briefs).
White nationalism is metastasizing. Ignoring it will cost dearly in the midterms and in 2024.
#CourtsMatter
White nationalism is metastasizing. Ignoring it will cost dearly in the midterms and in 2024.
#CourtsMatter
