I have a new essay out this morning on the power of unelected officials within the government. It grew out of my frustration that judges are invoking "non-partisan experts" in the bureaucracy to strike down White House policies. Here's a sample:
Take Trump’s executive order that disqualified some transgender people from military service. In halting the order (later reinstated by the Supreme Court), a federal judge declared that Trump’s justifications were “contradicted by the studies, conclusions and judgment of the military itself.” The judge inferred that Trump must therefore be motivated by illegal “animus” toward transgender people.
Now, perhaps the military’s studies are rigorous and not motivated at all by political correctness. Perhaps Trump’s new policy is indeed unjustifiable. Nevertheless, the danger here is obvious: The military has effectively vetoed an order by the commander-in-chief. If the military brass is owed such deference, it is easy to see how it could head off interference from the civilian leadership simply by producing a study that confirms its own beliefs.Read the whole thing at National Review.