When we think of lawfare these days, Donald Trump and his allies come to mind.
With good reason, of course. Lawfare as a political strategy was refined into a political art form in order to hogtie Trump’s administration and destroy Trump’s political career (not to mention take his and others’ freedom).
But lawfare has been a tool of the left for decades, more often used to stall progress, hamstring the economy, and freeze the status quo to satisfy some constituency or another.
Having been born in 1964, the first big case of lawfare I remember was the use of the “endangered snail darter” to stop the building of the Tellico Dam by the Tennessee Valley Authority.
In the annals of environmental law, no creature is more famous than the Snail Darter, the endangered species that showdown completion of the Tellico Dam in the 1970s. Now, it appears that the species…
