"Robed Radicals"
by The ZMan
"One way to look at the last ten years is as the struggle of the United States to finally close the books on the Cold War and the 20th century. The reason Trump exists, and the managerial system has reacted in such a violent way toward him, is that he represents the end of the conditions that made it all possible. The return of a strong executive and the normal functioning of government is the end of the managerial system and everything around it.
The comparisons to the late Soviet times are compelling because the Russians went through a similarly violent process to escape their own managerial system and the ideology that controlled it. Like the Soviets, America is now run by old people trapped in the past, lacking the talent to adjust to new realities. Like the Soviet system, the American system barely performs basic functions. Like the Soviets, American political actors can only break things.
That last part is important. Reform by its very nature calls into question the legitimacy of current processes. The reason for reform is that the system is not working to the satisfaction of the users, so it must be changed. Good reformers, however, do not attack the core logic of the system, but focus instead on the parts of it that implement that core logic to maintain the legitimacy of the whole. Maybe it means new people or possibly changes to parts of the system.
Reforms in the late Soviet period undermined the core logic of the Soviet system, resulting in poorer outcomes. We see the same thing in America. The response to Trump in 2016 by conservatives and their party only served to sap the legitimacy of the conservative movement and the Republican Party. Trump started as a vanity candidate, but by January of 2016 he had become the champion of the party voters against the ossified party leadership.
Similarly, the behavior of the media cratered trust in the media. Their efforts to cajole, convince and intimidate people into going along with the managerial class eroded all trust in the media. By the end of Trump’s first term, trust in the media had collapsed to the point where only regime toadies trusted it. The same could be said for the people it was defending. Trump won in 2024 because the main tools of his enemies had been delegitimatized by his enemies.
We are now seeing another phase of this as district judges claim authority over vast parts of the executive branch. The last month has seen these inferior court judges claim to have power over the hiring and firing of personnel, the budgets of executive agencies and the conduct of foreign policy. A judge just ordered the military to enlist mentally unstable people. To stop the future, the managerial class is now destroying the credibility of the courts.
Public trust in the courts was already at a nadir because of the abuses we saw in the Obama years and then the Biden years. When the court ruled that mandating medical insurance was right there in the constitution, the rule of law took a sharp turn into absurdity, but when the Supreme Court ruled that two men sharing rent and bed is the same as your parents, then trust in the law was in free fall. It only got worse in the Biden years with the lawfare against Trump supporters.
What we are seeing from the courts now is the breaking point. No one would dare poll on it, because they fear the result, but there is certainly a majority in favor of the Trump administration telling the courts to pound sand. The whiffs of Sulphur the usual suspects are always sure they detect are not real, but rather they are the floral aroma of Caesarism in response to the reckless behavior of the courts. When the rule of law fails, the people always choose the rule of men.
While this may feel like a positive omen, there is another lesson from the end of Soviet Russia to keep in mind. Russia at the end of communism was a poor country, but a lawful country. It had rules that the people tried to respect. It then entered a period where it was a poorer country and a lawless one. When trust in the system collapsed, trust in the rules collapsed with it. It was only when a new elite emerged to impose a new system and new rules that lawfulness returned.
In other words, this dip into lawlessness we are seeing could very well portend a general descent into lawlessness. Like post-Soviet Russia, we could very well be entering a period where we get poorer as the rule of law collapses. Unlike Russia, America is not a homogenous society with a thousand years of history. America is a diverse country which is a polite way of saying it is a collection of people who would just as soon not share a country with one another.
If the elites backing Trump’s reforms wish to avoid a terrible end to their reform effort, they are going to need to deal with these hothouse radicals on the bench who cannot grasp the danger of their actions. The challenge, as with all reforms, is in dealing with the problem while not undermining the legitimacy of the system. These judges think they are heroes defending the system against the monster, when in reality they are a cancer threatening the last functioning part of the system.
It is not an easy task, which is why most reform efforts fail. In the end, it turns out to be easier to scrap the old and replace it with something new, but the problem is no one can predict who will win and who will lose in that process. It is why the reform is always the safe choice, despite the dismal record. It promises predictable winners. If today’s reformers want to be winners, then these judges need to be made into losers, without making the rule of law a loser as well."
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