In his iconic dissent in Morrison v. Olson (1988), the late, great Supreme Court Justice Antonin Scalia brilliantly articulated why the Independent Counsel Statute unconstitutionally infringed on executive power. This dissent laid the foundation for the Supreme Court’s current constitutionalist majority to restore common sense to separation of powers jurisprudence by returning power to its rightful place: the executive branch, whose power rests entirely in the President of the United States, who is elected by all Americans.
Leftists and other anti-democratic big-government types call this view “unitary executive theory.” In reality, it’s just Article II of the U.S. Constitution. We The People lend executive power to our duly elected President; we don’t distribute it to unelected, left-wing federal bureaucrats. Scalia’s most famous line in Morrison’s dissent was his characterization of the statute as “a wolf in wolf’s clothing,” a play on the idiom of “a wolf in sheep’s clothing.” Scalia illustrated how the violation of the separation of powers was unequivocal.
Mark Wolf was a former federal judge on the United States District Court for the District of Massachusetts. (Ricky Carioti/The Washington Post via Getty Images; Andrew Harnik/Getty Images)
Former U.S. District Judge Mark Wolf of Massachusetts is another wolf in wolf’s clothing, despite his efforts—aided by the left-wing media—to repackage himself. Wolf was appointed to the court by President Reagan in 1985, but he is not a legal conservative. Wolf got the stamp of approval from the most left-wing home state duo in Senate history: Ted Kennedy and John Kerry. The reason the endorsement of these radical senators was necessary lies in a centuries-old Senate tradition called the blue slip. Home state senators can veto the appointments of U.S. district judges, U.S. attorneys and U.S. marshals. The nominees will not move forward without the return of both home state senators’ blue slips. Senators will not give up this extraordinary power because they are power-hungry and selfish. They want to select the federal prosecutor who can charge them, the federal judge who can try them, and the federal marshal who can escort them to prison.
Supreme Court Justice Antonin Scalia (connection)
Wolf recently resigned from his lifetime appointment. He had assumed senior status (a form of semi-retirement) during the Obama administration, allowing Obama – instead of the next Republican president – to appoint a left-wing man to replace Wolf in full-time judicial service. According to Wolf, President Trump has ignored the rule of law in countless ways. Wolf wants to speak out about it and act as a self-appointed spokesperson for sitting judges who cannot do so. Wolf has also criticized the Supreme Court, claiming that the constitutionalist majority enabled President Trump. Wolf has whined that the Court has ruled in favor of the Trump administration on its emergency role 17 out of 20 times. Wolf has compared this success rate to that of players like Barry Bonds, Mark McGuire and Sammy Sosa during Major League Baseball’s steroid era.
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Wolf’s claim is absurd. The administration has achieved so much success at the Supreme Court because of its stellar team of legal all-stars, led by Attorney General Pam Bondi and Solicitor General John Sauer. Many other brilliant lawyers also deserve credit for the Supreme Court’s outstanding performance.
Moreover, the rulings of Wolf’s fellow activist judges are clearly partisan and lawless. How many cases should the government have won before the Court, according to Wolf? Eight out of twenty? Ten? Twelve? His statistical conspiracy gibberish is devoid of even a hint of legal analysis. Wolf is only interested in peddling nonsense to bash judges he flat-out despises. Wolf also conveniently ignores the other side of the statistical coin. District judges in Massachusetts ruled against the Trump administration on 27 of 29 temporary restraining orders and preliminary injunctions, according to an analysis by former top Senate adviser Michael Fragoso. Wolf apparently has no problem with this disparity; rather, he seems to regard these statements as beacons of judicial integrity.
Wolf has a history of conspiracies. For more than a decade, he waged a baseless case against Supreme Court Justice Clarence Thomas, the greatest justice in history. According to Wolf, Thomas deliberately failed to make the required disclosures. The judicial conference categorically rejected Wolf’s theory. But more than a decade after the case was closed, Wolf testified before a subcommittee of the Senate Judiciary Committee, chaired by U.S. Senator Sheldon Whitehouse of Rhode Island, another partisan and deranged conspiracy theorist. During a conversation, Wolf told a U.S. senator that former Reagan attorney general Rex Lee would have been disturbed by, as Wolf saw it, Thomas’s unethical behavior. That senator was Mike Lee of Utah, and Solicitor General Lee was his late father. Senator Lee rightly exploded over Wolf’s despicable statement.
Senator Mike Lee, a Republican from Utah, during a Senate Judiciary Committee hearing in Washington, DC, USA, on Tuesday, October 7, 2025 (Eric Lee/Bloomberg via Getty Images)
According to the Code of Conduct for Judges in the United States, sitting judges cannot speak out against President Trump. They also can’t use Wolf as a mouthpiece. The House and Senate Judiciary Committees must subpoena Wolf to determine which judges President Trump will remove through Wolf. If Wolf refuses to make the information public, he will face contempt charges from Congress, just as Trump allies Steve Bannon and Peter Navarro did.
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If the identities of judges who speak through Wolf to bash President Trump become public, all of these judges will face impeachment proceedings. As difficult as conviction by a two-thirds supermajority in the Senate will be, these rogue judges must pass the impeachment process to stop them and other judicial embarrassments from engaging in blatantly unethical behavior. These radical judges are illegally and dangerously subverting the will of the American voters.
Wolf is a Sheldon Whitehouse, not a Ronald Reagan. Wolf plans to serve as the vehicle through which sitting judges can try to circumvent ethical restrictions. He has spouted ridiculous conspiracy theorists to disparage the Supreme Court in general and Thomas in particular. He has even stooped to the low point of raising a senator’s late father in a pathetic attempt to score a few cheap political points. In short, Wolf is an embarrassment to the federal judiciary, and his resignation is welcome news. Good riddance to this wolf in wolf’s clothing.
