Update: I got two terms confused, “judge shopping” vs. “jurisdictional arbitrage.” I’ve updated the paragraph accordingly
On Tuesday, U.S. District Judge William H. Orrick of California stopped implementation of Donald’s executive order to eliminate money for sanctuary cities because it was likely unconstitutional. The case was heard by California because it had been brought by the city of San Francisco and Santa Clara County, both located in California.
And yet this is what Donald tweeted:
What part of “US District Court judge” did you not understand, Donald? Sure, if you sue, you’ll go through the 9th Circuit Court of Appeals, before you get to the Supreme Court, but you haven’t done that yet.
Furthermore, he also tweeted these:
(Updated) Judge shopping is when you file multiple, identical cases in hopes it’ll get assigned to a judge you like instead of a judge you don’t. That’s not what Donald is claiming here (although Donald’s choice for drug “czar,” Tom Marino, was accused of this very thing 20 years ago). Rather, he’s saying this is an example of “jurisdictional arbitrage,” which is where companies and wealthy individuals choose the most legally advantageous jurisdiction in which to bring a lawsuit. Last I checked, San Francisco and Santa Clara County are both still in the state of California…
Yep, still in California.
And as for that 80% statistic, that’s close enough given rounding to the nearest 5% (it’s actually 79%). At least Donald didn’t add to the bullshit in his tweets by claiming that the 9th Circuit was the most overruled in the country, given how many people debunked that one back in February. Like this debunking from PolitiFact.
So why did Donald attack the ruling this way? Because he’s using it as an anti-liberal dog whistle. His base hates coastal liberals, and they hate the 9th Circuit because it’s in California, which is considered worse than Sodom and Gomorrah by many of his followers. And attacking the 6th Circuit (Ohio, Michigan, Kentucky and Tennessee), which is the appeals court that is actually overruled the most often, at 87% of the time, or the 11th Circuit (Alabama, Florida and Georgia), which is overruled 85% of the time, would mean attacking his base. And they hate the idea of “judge shopping,” even though it’s common for people with the financial resources to afford it. People like Donald himself….