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[–]penelopepnortneyBecome ungovernable[S] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

An excellent point-by-point takedown of this tweet from Robert Reich that someone sent to the author of the piece, Donald Boudreaux. First, the tweet, followed by some highlights of Boudreaux's counterargument:

Perhaps there’s something wrong with a system that allows a 35-year-old, unelected, Trump-nominated judge — whom the American Bar Association deemed unqualified — to strike down the travel mask mandate for the entire country?

.

  • First, there is no legally specified minimum age for serving on the federal bench

  • Second, like him or not, Donald Trump was president from 2017 to 2021, and among any president’s duties is to nominate federal-court judges.

  • Third, Judge Mizelle wasn’t put on the court by Trump unilaterally; she was approved by the Senate.

  • Fourth, all federal-court judges are unelected.

  • Fifth, also unelected are all public-health officials, including Anthony Fauci and Rochelle Walensky.

  • Sixth, while the ABA did indeed deem Judge Mizelle to be unqualified, it did so because she spent little time in the private practice of law. If this criterion suffices to render someone unfit for high government office, Anthony Fauci is even less qualified for his position than is Judge Mizelle for hers, given that Fauci spent no time in the private practice of medicine.

  • Seventh, because the CDC is a federal-government agency, its diktats generally cover the entire country...Judge Mizelle could hardly have ruled against the mask mandate for only a subsection of the country.

  • Eighth, Reich skates alarmingly close to implicitly endorsing a totalitarian proposition that Fauci recently endorsed explicitly – namely, that government-employed public-health bureaucrats are above the law.

To propose that any government action be immune to judicial oversight – that is, immune to oversight by the formal guardians of the law – is to propose that the officials who perform that action are above the law. As Reason’s Eric Boehm wrote in reaction to this authoritarian outburst by Fauci, “This is either a complete misunderstanding of the American system’s basic functions or an expression of disdain toward the rule of law.”