MAGA brief

A MAGA brief is one that makes arguments against judicial activism and judicial supremacy. A MAGA brief points out the improper and harmful effects of lawfare and court actions based on lawfare.

A MAGA brief can include mockery of pompous, implausible liberal arguments.

Other characteristics of a MAGA brief are:

• reject any presumption of legitimacy in a government position or Act of Congress
• argue for a level playing field in court, without any favoritism toward the liberal or government side
• point out the harmful secondary effects of a legal ruling
• point out the possibility of the country dissolving if courts sow divisiveness with radical liberal rulings
• point out the possibility of Florida and Texas retaliating with their own laws against Leftist approaches in California and New York
• point out the overreach by the Deep State

A MAGA brief is quite different from, and even the opposite of, a Brandeis brief, although both tend to downplay misguided legal precedents.

Example

An example of a MAGA-type of argument in an amicus brief (on behalf of Trump) to the U.S. Supreme Court in the TikTok case in late December 2024 was this:

“

President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government.

”