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126
Conservative Judge Resigns Rather Than Stay Silent On Trump’s Constitutional Assault (www.techdirt.com)
submitted 3 weeks ago by BrikoX@lemmy.zip to c/usa@midwest.social
33 comments fedilink hide all child comments
 

Reagan-appointed federal judge Mark Wolf has resigned from the bench in Massachusetts, and his explanation is blunt: he can no longer bear the ethical constraints that prevent judges from speaking out publicly while Trump dismantles the rule of law.

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[–] Archangel1313@lemmy.ca 38 points 3 weeks ago (1 children)

Fucking coward. Stay at your post and defend the fucking Constitution. Even if every one of your rulings gets overturned by the corrupt Supreme Court, at least there will be an enduring public record of your objection to Trump's illegal activity.

Quitting just means fewer voices speaking out against his overreach. Eventually they will be drowned out by his loyalists, and there will be no more objections.

[–] HubertManne@piefed.social 16 points 3 weeks ago (1 children)

you should read the article before maligning him. As a judge his speech right is limited but once he is not a judge he is free to speak:

When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president.

More importantly, Wolf’s making clear this resignation isn’t symbolic retreat—it’s tactical:

I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.
[–] Archangel1313@lemmy.ca 3 points 3 weeks ago (1 children)

I disagree. His decisions in court are far more important than his opinions outside of it. There are plenty of advocacy groups out there. Adding more voices to that side of the bench doesn't matter if all the judges left, are compromised.

If every judge with a solid ethical foundation resigns, so they can "speak out"...there won't be any left to "hear" the cases that are challenging the administration's crimes.

[–] JamesTBagg@lemmy.world 2 points 3 weeks ago (1 children)

If they're speaking out, advocatingor protesting while still sitting behind the bench they risk losing the appearance of impartiality.

[–] Archangel1313@lemmy.ca -1 points 3 weeks ago

Then they pick a lane. Either use their authority to actually do the work...or give it up, so they can talk about it. My opinion is, they should do the work.

[–] snooggums@piefed.world 31 points 3 weeks ago

A judge speaking out about a president dismantling the rule of law sounds like the ethical thing to do.

[–] CaptainBlinky@lemmy.myserv.one 22 points 3 weeks ago (1 children)

...instead of, you know, staying on and using your bench to defend the constitution from Trump. Nice backbone you got there.

[–] tdawg@lemmy.world 20 points 3 weeks ago (4 children)

if you actually read the article he's becoming an activist against Trump. Something he is not allowed to do while holding the position

[–] reddig33@lemmy.world 14 points 3 weeks ago (2 children)

He would make more of an impact staying where he was.

[–] NOT_RICK@lemmy.world 7 points 3 weeks ago

While I believe everyone should do what they feel is best, I have to agree with you

[–] HubertManne@piefed.social 1 points 3 weeks ago (1 children)

no the article specifically shows it would not:

When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president.

More importantly, Wolf’s making clear this resignation isn’t symbolic retreat—it’s tactical:

I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.
[–] DancingBear@midwest.social 1 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

Nobody reads the article, dork!

Thanks for your diligence… apparently folks don’t even read the comments anymore either lol

[–] CaptainBlinky@lemmy.myserv.one 1 points 3 weeks ago

In this case as the top of thread commenter, I stand corrected and glad I read down here if not the article itself.

[–] GreenKnight23@lemmy.world 7 points 3 weeks ago (2 children)

so now he holds the same power as a citizen!

what power would that be?

1000002374

[–] tdawg@lemmy.world 2 points 3 weeks ago (1 children)

That's doomerism friend. He has the power to use his knowledge of the legal system and his status as a famous judge

[–] GreenKnight23@lemmy.world 1 points 3 weeks ago

it's not doomerism, it's the truth.

who do those things influence?

not the legal system, because now he has to work within the legal system and not on-top-of the legal system.

as far as being a "famous judge" does that mean Judge Judy has more power than him since she's more famous?

[–] HubertManne@piefed.social 1 points 3 weeks ago (1 children)

boy just pasting this on all the arm chair no it alls who can't be bothered to read the article:

When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president.

More importantly, Wolf’s making clear this resignation isn’t symbolic retreat—it’s tactical:

I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.
[–] GreenKnight23@lemmy.world 1 points 3 weeks ago (1 children)

who has more power in the justice department; a lawyer or a judge?

[–] HubertManne@piefed.social 0 points 3 weeks ago (1 children)

did you read it. trump does not pick his successor. It was picked in 2013 and he knows who it is. This is cake and eat it to.

[–] GreenKnight23@lemmy.world 0 points 3 weeks ago (1 children)

wrong!

the judge has more power because they can set precedent.

[–] HubertManne@piefed.social 0 points 3 weeks ago (1 children)

So. He knows his replacement is good and can do that job for him and is younger and can stay at the post longer. I just don't know how to explain this. You are wrong. What he is doing is the smartest thing to do.

[–] gravitas_deficiency@sh.itjust.works 7 points 3 weeks ago* (last edited 3 weeks ago) (2 children)

The point being made here is why the fuck is everyone who is in a position to do fucking anything to stop the fascists following the rules so punctiliously, when the fascists demonstrably do not give a flying fuck about the rules?

[–] tdawg@lemmy.world 3 points 3 weeks ago (1 children)

Bc that's the point. If you stoop to their level then you are no better than them. The law means something to this man. He will fight how he chooses to to maintain that law

[–] Chulk@lemmy.ml 1 points 3 weeks ago

If you stoop to their level than you are no better than them

Trump and his ilk are undermining the law to cleanse the US of those they deem undesirable. This guy could undermine the law to save those people.

There's a bit of a difference between those two types of people.

Additionally, If the law is so easily discarded by those in power, then maybe the law isn't worth defending at all. His activism would have been more effective as a sitting judge. To me he seems like a conservative judge who wishes conservatism still had a mask to hide behind.

[–] HubertManne@piefed.social 2 points 3 weeks ago

because what he is doing is more effective:

When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president.

More importantly, Wolf’s making clear this resignation isn’t symbolic retreat—it’s tactical:

I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.
[–] HarkMahlberg@kbin.earth 2 points 3 weeks ago

Trump and his goons have no problem doing things they're not allowed to do. Accepting foreign gifts, stealing the power of the purse, trampling over the bill of rights, kidnapping and selling citizens to foreign prisons like cattle. We can't beat those dickheads if we play by the rules. If whiny fascists say "you can't do that" the answer should always be "come and stop me."

[–] rafoix@lemmy.zip 15 points 3 weeks ago (1 children)

Now he gets to appoint a fascist judge to replace him.

[–] JamesTBagg@lemmy.world 2 points 3 weeks ago

Read the article; his replacement was appointed in 2013

[–] mysticpickle@lemmy.ca 6 points 3 weeks ago (1 children)

He's literally jumping off the castle walls and running into the besieging army of fascists. Stay at your post you dummy.

[–] HubertManne@piefed.social 4 points 3 weeks ago

pasted this for a lot of read the title and not the article folks:

When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president.

More importantly, Wolf’s making clear this resignation isn’t symbolic retreat—it’s tactical:

I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.
[–] bitjunkie@lemmy.world 3 points 3 weeks ago

Protest resignations from dissenters are the exact opposite of what we need. Now they'll just fill that judgeship with another lackey.

[–] resipsaloquitur@lemmy.world 1 points 3 weeks ago

Where are you going, Mark Wolf? Stick around.