{"id":108885,"date":"2025-02-21T11:03:04","date_gmt":"2025-02-21T19:03:04","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/02\/21\/disgraced-former-judge-alex-kozinski-primes-pump-for-donald-trump-canceling-elections\/"},"modified":"2025-02-21T11:03:04","modified_gmt":"2025-02-21T19:03:04","slug":"disgraced-former-judge-alex-kozinski-primes-pump-for-donald-trump-canceling-elections","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/02\/21\/disgraced-former-judge-alex-kozinski-primes-pump-for-donald-trump-canceling-elections\/","title":{"rendered":"Disgraced Former Judge Alex Kozinski Primes Pump For Donald Trump Canceling Elections"},"content":{"rendered":"
\"\"
Alex Kozinski (Photo by Justin Sullivan\/Getty Images)<\/figcaption><\/figure>\n

Hooboy! Disgraced former Ninth Circuit judge Alex Kozinski<\/a> is back. He\u2019s written a piece<\/a> in the Wall Street Journal asserting \u2014 with little more then naked conjecture \u2014 that the United States\u2019 elections could be canceled. The piece is very short, shockingly devoid of context, and lacking any semblance of intellectual rigor.<\/p>\n

Kozinski spends a solid half of the article telling an anecdote about the cancelation of the elections in his native Romania. He uses that as a springboard to speculate about American elections. But to get there, he first has to throw out some right-wing talking points about free speech.<\/p>\n

\n

As the Fifth U.S. Circuit Court of Appeals detailed in\u00a0Missouri v. Biden,\u00a0<\/em>our government exerted considerable pressure, even coercion, to extirpate ideas from social media. Certain topics\u2014such as Covid\u2019s origin, remedies and vaccine safety, transgenderism, climate change and the legitimacy of the 2020 election\u2014were deemed nondebatable. Many who expressed views contrary to the official position were canceled.<\/p>\n<\/blockquote>\n

Listen, there are<\/a> some genuine<\/a> problems with free speech<\/a> in this country<\/a>. But exactly ZERO of them are anything in Missouri v. Biden<\/em> (later Murthy v. Missouri<\/em>). And it is very telling that Kozinski references the Fifth\u2019s Circuit\u2019s take on the case \u2014 because they were reversed by the Supreme Court<\/a> (you know the Supreme Court that has a 6-3 conservative majority). There is no free speech problem there.<\/p>\n

The ex-jurist is already on record<\/a> defending wild conspiracy theories about the COVID-19 vaccine and the 2020 election as \u201ccorrect or at least debatable.\u201d Which, no, they aren\u2019t. But advancing far-right theories is part of Kozinski\u2019s path back to relevance<\/a> since he left the bench under a cloud of scandal. But this is some truly out-of-pocket shit.<\/p>\n

The former judge\u2019s fall from grace happened in 2017.\u00a0Kozinski retired<\/a>\u00a0amid a\u00a0sexual harassment scandal<\/a>\u00a0that rocked the legal world. While the jurist was\u00a0somewhat famous<\/a>\u00a0in legal circles for his bawdy sense of humor, the\u00a0extent of the alleged harassment<\/a>\u00a0\u2014 asking women clerks to view pornography with him in his chambers, making inappropriate sexual comments, and verbal abuse heaped on females working in his chambers \u2014 was more hidden. However, an expos\u00e9 on the judge sparked an avalanche of over a dozen women coming forward to share their experiences with the judge. But his retirement short-circuited any investigation<\/a> into the allegations.<\/p>\n

In the WSJ article, Kozinski pivots from individuals getting colloquially \u201ccanceled\u201d to the actual cancellation of U.S. elections with all the grace of a panda learning to ice skate.<\/p>\n

\n

Could American elections be canceled next? Some states came close in 2024 by attempting to remove from their ballots the candidate who eventually won the presidency. There was no uproar; the Supreme Court had to intervene. During the pandemic, Americans put up with unprecedented and draconian restrictions on their freedom of movement, school closures, destruction of businesses and interference with doctor-patient relationships. Much of this met with little resistance, in large part because authorities in government and media suppressed discussion and debate. If enough panic is stirred up, canceling elections isn\u2019t inconceivable.<\/p>\n<\/blockquote>\n

This is actually head-smackingly dumb. Litigating the application of the 14th Amendment\u2019s prohibition on insurrectionists holding office is actually a point in favor of the rule of law. It\u2019s not like political animus was the motivation behind some states trying to keep Donald Trump off the ballot, it was an attempt to hold fealty to the Constitution. The final authority on the Constitution weighed in. I don\u2019t even much like the result in the case and can concede that is how our system is designed to work. And, good grief with the COVID victimization trope again! Listen, it was a pandemic. Our laws are able to respond to extraordinary circumstances, and good faith efforts to keep people alive were even struck down<\/a> when courts found the measures impeded rights. This is all a demonstration of how an actual functional government works. From these examples, rushing to a conclusion that American elections could be canceled because of vibes is whiplash inducing.<\/p>\n

Finally, Kozinski holds up JD Vance\u2019s much maligned<\/a> speech at the Munich Security Conference, where the vice president tried to pick a fight with some of America\u2019s strongest allies, as a sort of bellwether of freedom.<\/p>\n

\n

Our legacy media have greeted Mr. Vance\u2019s speech largely with disdain and horror. They are wrong. The speech is epic. It reminds Europeans and Americans that the values of the Enlightenment, as captured in our Constitution\u2014not least the right to think, speak and debate freely\u2014are the glue that binds us together. If we don\u2019t defend those values, there isn\u2019t much left worth defending.<\/p>\n<\/blockquote>\n

This bit right here makes me want to scream. You want to take about \u201cthe right to think, speak and debate freely\u201d? Look at what side is banning books<\/a>. And erasing vital parts<\/a> of the history of Stonewall. And memory-holing<\/a> the reason we had to guarantee birthright citizenship. And trying to impeach<\/a> judges just because they don\u2019t like how they ruled<\/a>. And investigating <\/a>members of Congress because they called Elon Musk a \u201cdick\u201d on TV. And<\/a>. And<\/a>. And<\/a>. And<\/a>. And<\/a>. And<\/a>.<\/p>\n

The article is so wildly disingenuous for a legal mind that was one considered a bright star<\/a>. It\u2019s almost like there\u2019s something else afoot.<\/p>\n

\n
\n
\n

I can only read this preposterous piece by a disgraced federal appeals court judge intimating that Democrats may cancel elections as pure projection so to lay the groundwork for Trump’s “defensively” cancelling elections. https:\/\/t.co\/WMvuMcrQc2<\/a> pic.twitter.com\/a1BewpX0NK<\/a><\/p>\n

\u2014 Mike Sacks (@MikeSacksEsq) February 20, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

Oh. OH. Oh. Canceling elections is certainly one way to get around the pesky problem o<\/a>f the 22nd Amendment.<\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast<\/a>, and co-host of Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email her<\/a> with any tips, questions, or comments and follow her on Twitter @Kathryn1<\/a>\u00a0or Mastodon @Kathryn1@mastodon.social.<\/a><\/em><\/strong><\/p>\n

The post Disgraced Former Judge Alex Kozinski Primes Pump For Donald Trump Canceling Elections<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
Alex Kozinski (Photo by Justin Sullivan\/Getty Images)<\/figcaption><\/figure>\n

Hooboy! Disgraced former Ninth Circuit judge Alex Kozinski<\/a> is back. He\u2019s written a piece<\/a> in the Wall Street Journal asserting \u2014 with little more then naked conjecture \u2014 that the United States\u2019 elections could be canceled. The piece is very short, shockingly devoid of context, and lacking any semblance of intellectual rigor.<\/p>\n

Kozinski spends a solid half of the article telling an anecdote about the cancelation of the elections in his native Romania. He uses that as a springboard to speculate about American elections. But to get there, he first has to throw out some right-wing talking points about free speech.<\/p>\n

\n

As the Fifth U.S. Circuit Court of Appeals detailed in\u00a0Missouri v. Biden,\u00a0<\/em>our government exerted considerable pressure, even coercion, to extirpate ideas from social media. Certain topics\u2014such as Covid\u2019s origin, remedies and vaccine safety, transgenderism, climate change and the legitimacy of the 2020 election\u2014were deemed nondebatable. Many who expressed views contrary to the official position were canceled.<\/p>\n<\/blockquote>\n

Listen, there are<\/a> some genuine<\/a> problems with free speech<\/a> in this country<\/a>. But exactly ZERO of them are anything in Missouri v. Biden<\/em> (later Murthy v. Missouri<\/em>). And it is very telling that Kozinski references the Fifth\u2019s Circuit\u2019s take on the case \u2014 because they were reversed by the Supreme Court<\/a> (you know the Supreme Court that has a 6-3 conservative majority). There is no free speech problem there.<\/p>\n

The ex-jurist is already on record<\/a> defending wild conspiracy theories about the COVID-19 vaccine and the 2020 election as \u201ccorrect or at least debatable.\u201d Which, no, they aren\u2019t. But advancing far-right theories is part of Kozinski\u2019s path back to relevance<\/a> since he left the bench under a cloud of scandal. But this is some truly out-of-pocket shit.<\/p>\n

The former judge\u2019s fall from grace happened in 2017.\u00a0Kozinski retired<\/a>\u00a0amid a\u00a0sexual harassment scandal<\/a>\u00a0that rocked the legal world. While the jurist was\u00a0somewhat famous<\/a>\u00a0in legal circles for his bawdy sense of humor, the\u00a0extent of the alleged harassment<\/a>\u00a0\u2014 asking women clerks to view pornography with him in his chambers, making inappropriate sexual comments, and verbal abuse heaped on females working in his chambers \u2014 was more hidden. However, an expos\u00e9 on the judge sparked an avalanche of over a dozen women coming forward to share their experiences with the judge. But his retirement short-circuited any investigation<\/a> into the allegations.<\/p>\n

In the WSJ article, Kozinski pivots from individuals getting colloquially \u201ccanceled\u201d to the actual cancellation of U.S. elections with all the grace of a panda learning to ice skate.<\/p>\n

\n

Could American elections be canceled next? Some states came close in 2024 by attempting to remove from their ballots the candidate who eventually won the presidency. There was no uproar; the Supreme Court had to intervene. During the pandemic, Americans put up with unprecedented and draconian restrictions on their freedom of movement, school closures, destruction of businesses and interference with doctor-patient relationships. Much of this met with little resistance, in large part because authorities in government and media suppressed discussion and debate. If enough panic is stirred up, canceling elections isn\u2019t inconceivable.<\/p>\n<\/blockquote>\n

This is actually head-smackingly dumb. Litigating the application of the 14th Amendment\u2019s prohibition on insurrectionists holding office is actually a point in favor of the rule of law. It\u2019s not like political animus was the motivation behind some states trying to keep Donald Trump off the ballot, it was an attempt to hold fealty to the Constitution. The final authority on the Constitution weighed in. I don\u2019t even much like the result in the case and can concede that is how our system is designed to work. And, good grief with the COVID victimization trope again! Listen, it was a pandemic. Our laws are able to respond to extraordinary circumstances, and good faith efforts to keep people alive were even struck down<\/a> when courts found the measures impeded rights. This is all a demonstration of how an actual functional government works. From these examples, rushing to a conclusion that American elections could be canceled because of vibes is whiplash inducing.<\/p>\n

Finally, Kozinski holds up JD Vance\u2019s much maligned<\/a> speech at the Munich Security Conference, where the vice president tried to pick a fight with some of America\u2019s strongest allies, as a sort of bellwether of freedom.<\/p>\n

\n

Our legacy media have greeted Mr. Vance\u2019s speech largely with disdain and horror. They are wrong. The speech is epic. It reminds Europeans and Americans that the values of the Enlightenment, as captured in our Constitution\u2014not least the right to think, speak and debate freely\u2014are the glue that binds us together. If we don\u2019t defend those values, there isn\u2019t much left worth defending.<\/p>\n<\/blockquote>\n

This bit right here makes me want to scream. You want to take about \u201cthe right to think, speak and debate freely\u201d? Look at what side is banning books<\/a>. And erasing vital parts<\/a> of the history of Stonewall. And memory-holing<\/a> the reason we had to guarantee birthright citizenship. And trying to impeach<\/a> judges just because they don\u2019t like how they ruled<\/a>. And investigating <\/a>members of Congress because they called Elon Musk a \u201cdick\u201d on TV. And<\/a>. And<\/a>. And<\/a>. And<\/a>. And<\/a>. And<\/a>.<\/p>\n

The article is so wildly disingenuous for a legal mind that was one considered a bright star<\/a>. It\u2019s almost like there\u2019s something else afoot.<\/p>\n

Oh. OH. Oh. Canceling elections is certainly one way to get around the pesky problem o<\/a>f the 22nd Amendment.<\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast<\/a>, and co-host of Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email her<\/a> with any tips, questions, or comments and follow her on Twitter @Kathryn1<\/a>\u00a0or Mastodon @[email\u00a0protected].<\/a><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Alex Kozinski (Photo by Justin Sullivan\/Getty Images) Hooboy! Disgraced former Ninth Circuit judge Alex Kozinski is back. He\u2019s written a piece in the Wall Street Journal asserting \u2014 with little more then naked conjecture \u2014 that the United States\u2019 elections could be canceled. The piece is very short, shockingly devoid of context, and lacking any […]<\/p>\n","protected":false},"author":3,"featured_media":108886,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-108885","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/02\/IMG_5243-1-scaled-e1623338814705-620x568-VgncYC.jpeg?fit=620%2C568&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/108885","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=108885"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/108885\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/108886"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=108885"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=108885"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=108885"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}