I'm not an attorney. I don't have any formal legal training! It sounds to me like the Supreme Court is undercutting the "No Kingsl" protest and concerns that the general public has! Oceans of ink have been used to write about the fact that Trump wants to be King; wants to be a dictator; never wants to leave office etc. etc. etc. Sounds like the Supreme Court is paving his way. It was apparent that the so-called overactive judges were doing a terrific job of making sure that his runaway executive order King type proclamations were being muted and blocked while they were traversing legal process. It appears that won't be true anymore. The midnight flights to El Salvador will begin and will not be checked. The ICE agents that refuse to identify themselves will continue and there will be no recourse!
The worst part is that we're powerless to do anything about it! I am absolutely stunned! I weep for my country!
I read your book years ago when you were fired from the southern District! I look up to you as a beacon of legal expertise! You really didn't say anything about how this is going to play out! The courts were holding! The hope was that we would get to the midterms and be able to change this at the ballot box! Will they hold now? what's going to happen now? Are we going to be subjected to a river, a deluge of executive orders without any ability to hold them in check if they're not legal, or unconstitutional?
The problem with these SCOTUS decisions is that the conservatives are assuming, all evidence to the contrary, that Trump is not a rogue president attempting to overthrow the Republic.
I’m no Constitutional scholar, and so I cannot expertly comment on those decision. But it seems clear that the conservatives on the court are bending over backwards to ignore the evidence in front of them and instead trying assume that Trump is a normal president and not one who has wholly disdained and disavowed our electoral process, our Constitution, and the rule of law.
I understand and appreciate your commitment to hold onto a position of procedure, not outcome. Yet I do not see SCOTUS holding to an equivalent commitment. And I do not see Sonia Sotomayor as an hysteric. We need to approach this very carefully. And especially when there are so-called Originalists on the Supreme Court who are not at all conservative but want to reinstate conditions in England that predate our Revolution!
The Court should have ruled on the issue of birthright citizenship rather than cause immense chaos and damage by leaving it dangling while virtually permitting the Administration to ignore the plain meaning of and flaunt the Constitution. The Court dithers while America burns.
It's every citizen for themself now. They are fine losing the occasional local case while implementing the unconstitutional interpretation of the 14th Amendment nationally. They happen to be attacking citizenship. Will women's right to vote be next? Will the suspension of elections be next? Will we see the return of slavery? If so, national injunctions are no longer available. https://www.americascoach.com/p/trump-v-casa-birthright-citizenship
You validated by sense that this was less a cataclysmic decision about corruption and more of a procedural one that, indeed, will provide more opportunities for lawyers but fences the whims of rogue judges of any political stripe. I'm ok with that. What will be interesting is how the legal establishment adjusts to it. More class actions? Longer or shorter appeals? Will district court opinions in one district carry the same weight as another's in appeals? I'm no lawyer, but it feels like a shakeup of procedure and timing rather than some redirect of democracy.
You ask "How, then, did we manage to survive as a nation for over 200 years until nationwide injunctions proliferated in the early 2000s?"
I suppose we did not have such egregious outright direct assault on constitutional governance.
And certainly nothing like the incredible lawlessness of this president and this administration.
I'm not an attorney. I don't have any formal legal training! It sounds to me like the Supreme Court is undercutting the "No Kingsl" protest and concerns that the general public has! Oceans of ink have been used to write about the fact that Trump wants to be King; wants to be a dictator; never wants to leave office etc. etc. etc. Sounds like the Supreme Court is paving his way. It was apparent that the so-called overactive judges were doing a terrific job of making sure that his runaway executive order King type proclamations were being muted and blocked while they were traversing legal process. It appears that won't be true anymore. The midnight flights to El Salvador will begin and will not be checked. The ICE agents that refuse to identify themselves will continue and there will be no recourse!
The worst part is that we're powerless to do anything about it! I am absolutely stunned! I weep for my country!
I read your book years ago when you were fired from the southern District! I look up to you as a beacon of legal expertise! You really didn't say anything about how this is going to play out! The courts were holding! The hope was that we would get to the midterms and be able to change this at the ballot box! Will they hold now? what's going to happen now? Are we going to be subjected to a river, a deluge of executive orders without any ability to hold them in check if they're not legal, or unconstitutional?
The problem with these SCOTUS decisions is that the conservatives are assuming, all evidence to the contrary, that Trump is not a rogue president attempting to overthrow the Republic.
I’m no Constitutional scholar, and so I cannot expertly comment on those decision. But it seems clear that the conservatives on the court are bending over backwards to ignore the evidence in front of them and instead trying assume that Trump is a normal president and not one who has wholly disdained and disavowed our electoral process, our Constitution, and the rule of law.
We survived because we didn’t have a fascist in the WH supported 100% by sycophantic agency heads and a complicit Congress and SCOTUS
They keep lying because he doesn't have a mandate. He only got 31% of this country. That's not a mandate.
I understand and appreciate your commitment to hold onto a position of procedure, not outcome. Yet I do not see SCOTUS holding to an equivalent commitment. And I do not see Sonia Sotomayor as an hysteric. We need to approach this very carefully. And especially when there are so-called Originalists on the Supreme Court who are not at all conservative but want to reinstate conditions in England that predate our Revolution!
‘
So by your analysis, has SCOTUS also boosted its own power?
The Court should have ruled on the issue of birthright citizenship rather than cause immense chaos and damage by leaving it dangling while virtually permitting the Administration to ignore the plain meaning of and flaunt the Constitution. The Court dithers while America burns.
For a guy that is so stupid he unfortunately has an uncanny way of getting a head.
It's every citizen for themself now. They are fine losing the occasional local case while implementing the unconstitutional interpretation of the 14th Amendment nationally. They happen to be attacking citizenship. Will women's right to vote be next? Will the suspension of elections be next? Will we see the return of slavery? If so, national injunctions are no longer available. https://www.americascoach.com/p/trump-v-casa-birthright-citizenship
You validated by sense that this was less a cataclysmic decision about corruption and more of a procedural one that, indeed, will provide more opportunities for lawyers but fences the whims of rogue judges of any political stripe. I'm ok with that. What will be interesting is how the legal establishment adjusts to it. More class actions? Longer or shorter appeals? Will district court opinions in one district carry the same weight as another's in appeals? I'm no lawyer, but it feels like a shakeup of procedure and timing rather than some redirect of democracy.