Lower court judges’ new, and deeply disturbing, willingness to be overruled

[mystery-ak]

September 5, 2025
Lower court judges’ new, and deeply disturbing, willingness to be overruled
By Andrea Widburg

I started practicing law in 1987. Back then, we young litigators were told to be very careful that our arguments were correct, not just to prevent us from losing, but also to prevent us from inveigling an innocent judge into ruling in our favor, only to have that ruling overturned on appeal. Judges, experienced lawyers warned us, did not like being overturned because it made them look bad. Worse, they held grudges and would later take revenge against you, your firm, and your clients.

However, something interesting has happened in the Trump era: Lower court judges no longer have an ego investment in being appeal-proof. Instead, their ego is invested in left-wing judicial activism—which today means standing up against Trump—no matter how shoddy it makes their jurisprudence appear. Upper court judges are trying to warn them against it—most recently, Amy Coney Barrett in an essay at The Free Press—but these leftist judges are so entrenched in ideological warfare that it’s unlikely they’ll change course.

The Federalist reports that Democrats are open about the fact that they are using the federal court system to stop the Trump administration:

    Democrat Party leaders invited an Atlantic reporter to tell the world their current political strategy is to use U.S. courts to reject the consequences of losing a presidential election. “The Anti-Trump Strategy That’s Actually Working,” say Michael Scherer’s Sept. 2 headline and subhed, is “Lawsuits, lawsuits, and more lawsuits.”

    The vast majority of the nearly 400 lawsuits filed against the second Trump administration in its first seven months, Scherer reports, did not organically arise from American needs and on-the-ground realities. No, they were pre-planned in advance, and plaintiff cutouts recruited from Democrat constituencies including activist groups and labor unions. These lawsuits are cut-and-paste operations designed to deny American voters the results of electing a Republican president, using complicit blue-state judges who care nothing for the rule of law or Constitution.

more
https://www.americanthinker.com/blog/2025/09/lower_court_judges_new_and_deeply_disturbing_willingness_to_be_overruled.html

[Bigun]

They know they will be overruled going in! Their purpose is to gum up the works as much as possible. In other words, they are playing politics and SHOULD be impeached for it.

[DefiantMassRINO]

Being overruled is a badge of courage.

Those judges that have been ovverruled most should not be promoted, and should be 'encouraged' to leave the bench.

Would anyone patronize an auto mechanic who doesn't know how to fix cars?

Why must we be subjected to judges who do not know how to competently interpret law?

[Free Vulcan]

They're barely trying to hide it, and playing plausible deniability collusion with activist groups.

[Smokin Joe]

Being overruled is a badge of courage.

Those judges that have been ovverruled most should not be promoted, and should be 'encouraged' to leave the bench.

Would anyone patronize an auto mechanic who doesn't know how to fix cars?

Why must we be subjected to judges who do not know how to competently interpret law?

Why do people do what they do?
Wear masks with holes double the size of what they are trying to keep out?
Get shots to prevent something they don't prevent--and then go back for more.
Vote Democrat, even?

 

[Smokin Joe]

They're barely trying to hide it, and playing plausible deniability collusion with activist groups.

They aren't hiding it.
It's like some bassackwards judicial pride parade.