Not just using the shadow docket to decide without benefit of substance … but also the overuse of “emergency”—as SCOTUS agrees to Trump’s unending emergencies, it indicates a bias that whenever Trump twitches, we jump, so don’t expect partiality from us.
I agree, he makes decisions without consulting others, and with no thought for consequences. For example, he just decided, in a moment of anger, to bomb that boat from Venezuela.
Dictators like to create the crisis (such as immigrants, crime, trans people), then they can be lauded for resolving it. It's the other kind of crisis, like terrorists, school shootings, and natural disasters, that they hate and fear.
Well some results are in today, Friday, 9/5 --- the Job Market is at 4.3% Unemployment. The DOW closed DOWN today at 220.
BTW, the BLS still uses that same methodology. BLS talked to 1000,000 employers again & 1000's of real families to get a real read on current Econ conditions.
STALLED.
BREAKING:
J.B. Pritzker is on "The Briefing" with Jen Psaki, MSNBC at 9 Eastern & 6 PDT.
And I would like to remind, (I know call me Mr Thorn In Your Side) that our good and wise ex-president (who lost this past election) Biden let Uncle Clarence Thomas in the door as Justice Ruth Bader Ginsburg rolls over in her grave.
Thomas was appointed by Bush I. The Senate Judiciary Committee was, IIRC, all male and all white. And Thomas was pretty much a stuffed robe till he was joined by Roberts (2006) and Alito (2007). And if RBG is rolling over in her grave, it probably has more to do with her unwillingness to step down earlier. Things have changed a bit since 1991, don't you agree?
If memory serves me well, Biden chaired the Committee on the Judiciary from 1987 to1995. During the contentious hearings in 1991, after Thomas was advised on a brilliant statement about “This is nothing but a high tech lynch mob,” Biden, to save his own selfish ass, ended the hearings and sent the nomination to the senate. And yes, RBG is rolling over in her grave for a number of reasons. To the point: Biden could have allowed further testimony of sexual accusations against Thomas and a vote against him would have made Thomas a quaint historical footnote to the hearings. I lived through very frustrating times and I can’t forgive nor forget them. It was in the early 1990s when I was a vendor at the national Bar Association convention held that year in Memphis. I happened to be in the lot separating the hotel from the auditorium when I saw from a distance a man walking toward me to the entrance. In back of him was a phalanx of Black attorneys yelling, “They lowered the bar for you.” repeatedly. I so much wish I had a video camera at that moment.
"And it helps nurture a community of readers who care about truth and democracy." Imagine if the six right-wing Justices consistently cared about truth and democracy
Most Americans care, which is why they are supporting and volunteering with Indivisible and other grassroots democracy groups. Check out indivisible.org for a group near you. If there isn't one, they'll help you start one. Then start getting ready for another nationwide mobilization on October 18 - NO KINGS 2! Info at nokings.org.
It's going to take all of us consistently working together to save our country.
The Court upended the Constitution when they awarded Trump, or any President who follows, unbridled immunity for any wrongdoing done as part of an "official" act. We can't depend on them to rescue us. We must band together for our voices and our anger at this corrupt administration to be heard. Our democracy is at stake.
It’s obscene and embarrassing that the SCOTUS Six pander to this psychopath like lovesick teenagers. I suppose the ChristoFascist Six have been waiting (along with the Heritage Foundation and the Leonard Leos behind the scenes) for this lunatic to make all their dreams of a Christian Nationalist government come true. A Judas every single one of them - they sold both the American people and their souls when they anointed this malignant narcissist and complete maniac immunity for whatever he wants to do, as long as he says “It’s an official act!”
It’s both terrifying and nauseating. I truly feel for all of the judges having to deal with them and their mysterious snap judgments - and especially the three Justices being taken along for the ride; certainly in all their dreams of being on the Supreme Court, I am positive none ever dreamt it would be on this perverted iteration.
The ACLU stated this: While the court rejected President Trump’s most expansive and categorical claim of absolute immunity, it granted him substantial immunity for criminal conduct, including all crimes he committed by attempting to enlist Justice Department officials. And it leaves open many questions about when and for what conduct presidents will be immune from criminal prosecutions, in this case and into the future. The decision sets a dangerous precedent by giving presidents legal cover to break the law when even arguably using their formal powers to do it. And by concluding that former President Trump’s alleged directions to the Department of Justice are absolutely immune, and that his conversations with former Vice President Pence are presumptively immune, the court has not only obstructed accountability for Trump, but freed future presidents to act above the law when using their official powers.
What small print, Marc? The ruling clearly applies to the office of the president, not just to the present incumbent. Republicans appear not to care that a future Democratic president might use the same latitude granted by the Roberts' court to do more than just restore sanity to your politics but also to launch an all-out attack on neoliberalism and the far right with the same relentless determination that this administration shows in its attacks on progressive politics. Trump obviously doesnt care one way or the other.
Marc, I live in the UK and the concept of small print that is not printed is not one I recognise. If what you meant is that it's possible that the same Roberts' court (assuming it survives) would in the case of a future Democratic president provide a more definitive and circumscribed ruling on the extent of presidential immunity, then I think I would agree with you.
I am not claiming that all will be well in the US under this wretched government - far from it. My contention is that if there is some kind of devious plan to upend American democracy and the federal government it's the most cack-handed way imaginable of implementing it. If anything Trump is centralising power, mostly in his office as president, to a greater extent than any US president since FDR. When FDR at his first inauguration in 1933 said that he intended to ask Congress for what he called "broad executive powers" to address the country's problems, the crowd cheered loudly, a response the First Lady admitted later that she found " a little terrifying".
Everyone should be terrified of what Trump is doing.
You know very well what I mean with "small print not being printed". That is a reference to those horrible backroom deals regardless of "what the laws says".
My conclusion? We are writing on the same page but I have a lot less trust in judges doing the right thing for everyone.
I think of Poland under PiS government, Hungary under Fidesz government, Russia under Putin's fist, I think of Vichy France and most of all I think of Roland Freisler.... the prefered head judge of the Austrian corporal.
And In the US? Just look at how "judge" Cannon killed the secret document case. And now you even have that Bove figure rubber stamped to a lifelong position as a judge. Bove? A judge? For life? Really?
Russell, I wish you a nice day. We fight the same fight but have different viewpoints on where the US is right now.
I think that Biden's immunity would have been denied had he called for Seal Team 6 to take out candidate Trump in 2024 even if the FBI and CIA concluded with undisputable evidence that Trump was working with the Russians to undermine the USA.
Guess I'm as dumb as a rock even though I'm old as dirt! How does a Supreme Court charged with upholding the law of the United States, pass a law making it possible to commit "legal crimes?" Even going so far as limiting said law to one convicted felon, Donald J. Trump! "Official Act?" Yep, tRump may "Shoot anyone on "any street!" Gee, that some one could be you or me. "Short Live the King!"
I feel for the judges who sit in the lower courts, who do the actual work and research before they render their decisions. SCOTUS has the worst rating ever in American history and rightfully so. With the shadow docket that you have expertly educated us about, Joyce, The Roberts Court is quick to undermine those judges. I ask, when they will finally rebel and challenge the higher court of kings and one queen? It would be unprecedented but with this regime, what isn’t? Way past time to eliminate lifetime appointments.
I am so glad some judges are speaking up, even if they have to do it anonymously. The Roberts 6 are as far as I can tell, ideologues rather than actual justices and because We the People have been convinced that the SC has some kind of honor, we allow them to do their dirty work, often with no explanation, even trying to create a king for us when we neither want nor need one. That to me is a kind of coup and worthy of impeachment. It is too bad that whatever cheating went on in this past election let Republicans rule the House and Senate. We need some action related to this appalling set of 6 anti-constitutionalists, well-groomed to do whatever people like Leonard Leo tell them to do, and Trump is a figure partially created by Leo and his oligarchic buddies who also are anti-constitutional. It is a real dilemma that We the People are going to have to deal with if we are to retain our democracy in the face of this racist, christian nationalist, misogynistic, homo/transphobic, xenophobic, classist set of bullies.
Russell, you are right, but who knows what will happen when there is a threat involved? Will those judges that Leo helped groom go with the constitution or with their indoctrination? Hard to predict.
The purpose of the whole project of training potential future judges in the so-called economic theory of law and Buchanan's Public Choice theory was about restricting the powers of politicians. Trump's insane power grab is a million miles away from what people like Charles Koch and Leonard Leo thought they were funding.
One judge felt the need to apologize directly to either the Supreme Court or Roberts, because Roberts chastised him for deviating from one of the shadow decisions - that wasn't directly related to the case the judge decided, and at any rate had no written justification.
In such a case what would prevent a lower court judge from re-ruling a case that was returned to them, and then ruling in the same way as they did before, with the rationale that the shadow case did not directly apply, or without explicit reasoning there was no way for them to apply precedence?
Damn good question. I wonder if this is one of those scenarios we won’t know the outcome of until it transpires. Which begs the question, when and which judge and which case, right? Perhaps one of those twelve that spoke to NBC.
You do an excellent job of addressing the legal quandary we as a country are facing with “this Supreme Court”. It’s hard to fathom we have a SC hellbent on vagueness and autocracy. Where did these “lawyers” sell their souls to the depths of autocracy and the rule of law, decency, integrity, honesty, democracy and plain humanity. It’s hard to believe some of these Justices are supposed to be Christian.
Thank you for continuing to offer sanity of thought and argument in these trying times.
The corruption is the SC, or perhaps their willingness to abdicate their duty to the United States, is the most disturbing part of these dark days. We are watching, but we don't know, yet, how to push back on this: how to demand they do their job, when money and power persuade them not to. It feels like the tide is rushing in and our desks are floating. I know that's not the metaphor you were going with, Joyce, but to say it is unsettling would be an understatement. I'm grateful to the lower court judges who have spoken up. But now what?
Did anyone catch old Mitch McConnell bemoaning the fact that the country is in danger from RFK’s chicanery at HHS. How rich for him to be surprised at any of this. I will always hold him primarily responsible for where this country is currently; especially with the Supreme Court.
I can only hope that John Robert’s gets it that an overwhelming majority of Americans do not want the Christian theocracy he is helping to create and backs away from his destruction of the constitution. We shall soon see.
The Court can hide its actions all it wishes. However, that is not going to stop history from considering Roberts as the worst ever, displacing Taney and Dred Scott. However, that is not going to help us. The future laughs.
Skye, the rule of law isn't dissolving. But you make a fair point that the use of the expression "rule of law" doesn't promote any actual thought. When we're talking about our purported public servants, the expression "the rule of law" is worthless. It's actually worse than worthless because it distracts people from every potentially relevant rule of law. The relevant rules of law are stated in our Constitution. Our purported public servants are either fulfilling their duty to support our Constitution or they are attacking and undermining it. When it's the latter, we should say that's what they're doing.
Twenty-three emergencies? I will be 75 in a fortnight, and the best I can manage is one broken ankle and a case of SARS. SCOTUS explains neither why a specific case is an emergency … or, as noted, the reasoning behind its decisions. SCOTUS meets Trump’s delay-delay-delay.
Happy birthday, David! Just wait until you are 80. You won't have to conjure up emergencies, they just happen. That's my experience. Hopefully it won't be yours.
Conservatives had always been critical of liberal SCOTUS decisions as being activist judgements, not relying on the textualism and originalism of the constitution.
How the tide has turned! The Roberts Court is not only wildly activist but also disrespectful of precedent and relying on the principles of the unitary executive theory rather than the constitution in crafting decisions.
In abandoning the responsibility of scholarship in framing their shadow docket decisions, SCOTUS betrays our system of justice, placing their ideological priorities over their duty to uphold the sacred execution of framing jurisprudence and maintaining guardianship of our constitutional legacy.
Sitting in the bleachers of the general public, my basic civic education leave me feeling uneasy and anxious with the decisions of The Roberts Court. Their unsettling deviation from the constitution does not feel like an acceptable interpretative latitude, but rather, a derailment.
Want to know what I, a Belgian, thinks of these 6-3 "judges"?
Roberts and his 5 maga not-so-supreme justices have a lot to answer for but they never will.
Roberts will be content with what he'll regard as some R.E.S.P.E.C.T., being getting a tap on the head from the ignoramus-in-chief while that morally bankrupt fellow whispers "well done and thanks" into Roberts ear.
Kavanaugh will stay happy as long as his supply of beer kegs keeps rolling in and he occasionally can eat a steak somewhere without getting booed.
The one who's name I keep forgetting, grugsum or something, is just checking if some more cheap loans went his way.
Barrett will keep writing memoires and collecting bibles.
And then we have the "really-not-supreme" ones.
Alito the collector of fake medieval parchments which "prove" that it is OK to take a rocket launcher to a Walmart sale.
Clarence "happy face" Thomas, the self-proclaimed friend of rightwing nutcase billionaires who take the guy on boring sailing outings and keep on putting luxury buses on the driveway of the Thomases.
Everything is an emergency when a decision goes against Voldemort’s regime. He and his lackeys are like petulant toddlers. As Laurie said, we need to get and stay involved, stay informed. I particularly enjoy hounding the shit out of the horrible senators in texas. They have abdicated any responsibility for doing their jobs. Democrats/Independents in texas will not look kindly upon cornyn (and all the rest of them) in 2026, no matter how badly the state is gerrymandered.
Thank you Joyce, for all you do to keep us informed. I am looking forward to your book, and of course, your weekly #SistersInLaw podcast.
As a Texan, I'm hoping that the race between Cornyn and Paxton explodes and that a Democrat can finally win that seat. I used to have a small (very small) amount of respect for Cornyn, but something he's done recently - my memory fails me here - has erased all respect I had for him. Ted Cruz has always been about destruction.. He stands out in my mind as the first tea party candidate who won a senate seat.
I'm with you on all of that. On top of that paxton is a criminal, who is apparently self-righteous despite that. I wish I understood how people can keep electing nasty people like abbott & paxton. Cornyn used to be not so bad, but he has slid into the trump morass with the rest of the repubs.
Not just using the shadow docket to decide without benefit of substance … but also the overuse of “emergency”—as SCOTUS agrees to Trump’s unending emergencies, it indicates a bias that whenever Trump twitches, we jump, so don’t expect partiality from us.
Everything with Trump is an emergency. Part of the reason for that is that nothing is really thought through and studied in advance.
I agree, he makes decisions without consulting others, and with no thought for consequences. For example, he just decided, in a moment of anger, to bomb that boat from Venezuela.
The idea that he actually ‘makes decisions’ is utterly laughable. He has knee-jerk spasms of hatred and venality.
He does NOT make decisions, is not capable of making decisions. Miller and Vougt and other Project 2025 evil folks are running the country.
Dictators like to create the crisis (such as immigrants, crime, trans people), then they can be lauded for resolving it. It's the other kind of crisis, like terrorists, school shootings, and natural disasters, that they hate and fear.
And lurking beneath the surface, the Epstein scandal continues to get air. Inspite of all Pam Bondi's manifold efforts
Look at the 4 bombed apartment buildings in Russia in 1999 that preceded Putin's "election." Tried to blame it on the Chechens.
Exactly! What a great example.
Well some results are in today, Friday, 9/5 --- the Job Market is at 4.3% Unemployment. The DOW closed DOWN today at 220.
BTW, the BLS still uses that same methodology. BLS talked to 1000,000 employers again & 1000's of real families to get a real read on current Econ conditions.
STALLED.
BREAKING:
J.B. Pritzker is on "The Briefing" with Jen Psaki, MSNBC at 9 Eastern & 6 PDT.
Crisis management
More like crisis mismanagement
That is likely part of their 'Modus Operandi'.
Yes
And I would like to remind, (I know call me Mr Thorn In Your Side) that our good and wise ex-president (who lost this past election) Biden let Uncle Clarence Thomas in the door as Justice Ruth Bader Ginsburg rolls over in her grave.
Thomas was appointed by Bush I. The Senate Judiciary Committee was, IIRC, all male and all white. And Thomas was pretty much a stuffed robe till he was joined by Roberts (2006) and Alito (2007). And if RBG is rolling over in her grave, it probably has more to do with her unwillingness to step down earlier. Things have changed a bit since 1991, don't you agree?
If memory serves me well, Biden chaired the Committee on the Judiciary from 1987 to1995. During the contentious hearings in 1991, after Thomas was advised on a brilliant statement about “This is nothing but a high tech lynch mob,” Biden, to save his own selfish ass, ended the hearings and sent the nomination to the senate. And yes, RBG is rolling over in her grave for a number of reasons. To the point: Biden could have allowed further testimony of sexual accusations against Thomas and a vote against him would have made Thomas a quaint historical footnote to the hearings. I lived through very frustrating times and I can’t forgive nor forget them. It was in the early 1990s when I was a vendor at the national Bar Association convention held that year in Memphis. I happened to be in the lot separating the hotel from the auditorium when I saw from a distance a man walking toward me to the entrance. In back of him was a phalanx of Black attorneys yelling, “They lowered the bar for you.” repeatedly. I so much wish I had a video camera at that moment.
he means Biden chaired the committee, that's why
fatty clare was the only Black man daddy bushie knew.
Exactly!
Well said
Again, thanks.
Well put.
Thank you.
"And it helps nurture a community of readers who care about truth and democracy." Imagine if the six right-wing Justices consistently cared about truth and democracy
Most Americans care, which is why they are supporting and volunteering with Indivisible and other grassroots democracy groups. Check out indivisible.org for a group near you. If there isn't one, they'll help you start one. Then start getting ready for another nationwide mobilization on October 18 - NO KINGS 2! Info at nokings.org.
It's going to take all of us consistently working together to save our country.
Imagine if the six right-wing justices gave even a flying f-ck about truth and democracy. Clearly they don't. It would be absurd to argue otherwise.
The Court upended the Constitution when they awarded Trump, or any President who follows, unbridled immunity for any wrongdoing done as part of an "official" act. We can't depend on them to rescue us. We must band together for our voices and our anger at this corrupt administration to be heard. Our democracy is at stake.
Correction, your statement "or any President that follows" is not correct.
The small print clearly says that only the ignoramus-in-chief will profit from this immunity.
It’s obscene and embarrassing that the SCOTUS Six pander to this psychopath like lovesick teenagers. I suppose the ChristoFascist Six have been waiting (along with the Heritage Foundation and the Leonard Leos behind the scenes) for this lunatic to make all their dreams of a Christian Nationalist government come true. A Judas every single one of them - they sold both the American people and their souls when they anointed this malignant narcissist and complete maniac immunity for whatever he wants to do, as long as he says “It’s an official act!”
It’s both terrifying and nauseating. I truly feel for all of the judges having to deal with them and their mysterious snap judgments - and especially the three Justices being taken along for the ride; certainly in all their dreams of being on the Supreme Court, I am positive none ever dreamt it would be on this perverted iteration.
The ACLU stated this: While the court rejected President Trump’s most expansive and categorical claim of absolute immunity, it granted him substantial immunity for criminal conduct, including all crimes he committed by attempting to enlist Justice Department officials. And it leaves open many questions about when and for what conduct presidents will be immune from criminal prosecutions, in this case and into the future. The decision sets a dangerous precedent by giving presidents legal cover to break the law when even arguably using their formal powers to do it. And by concluding that former President Trump’s alleged directions to the Department of Justice are absolutely immune, and that his conversations with former Vice President Pence are presumptively immune, the court has not only obstructed accountability for Trump, but freed future presidents to act above the law when using their official powers.
What small print, Marc? The ruling clearly applies to the office of the president, not just to the present incumbent. Republicans appear not to care that a future Democratic president might use the same latitude granted by the Roberts' court to do more than just restore sanity to your politics but also to launch an all-out attack on neoliberalism and the far right with the same relentless determination that this administration shows in its attacks on progressive politics. Trump obviously doesnt care one way or the other.
The small print that is not printed nor talked about my US friend.
But I must admit, your trust that "all will be well" brings a smile to my face. The US has decent people left!
Marc, I live in the UK and the concept of small print that is not printed is not one I recognise. If what you meant is that it's possible that the same Roberts' court (assuming it survives) would in the case of a future Democratic president provide a more definitive and circumscribed ruling on the extent of presidential immunity, then I think I would agree with you.
I am not claiming that all will be well in the US under this wretched government - far from it. My contention is that if there is some kind of devious plan to upend American democracy and the federal government it's the most cack-handed way imaginable of implementing it. If anything Trump is centralising power, mostly in his office as president, to a greater extent than any US president since FDR. When FDR at his first inauguration in 1933 said that he intended to ask Congress for what he called "broad executive powers" to address the country's problems, the crowd cheered loudly, a response the First Lady admitted later that she found " a little terrifying".
Everyone should be terrified of what Trump is doing.
Hi my UK friend!
You know very well what I mean with "small print not being printed". That is a reference to those horrible backroom deals regardless of "what the laws says".
My conclusion? We are writing on the same page but I have a lot less trust in judges doing the right thing for everyone.
I think of Poland under PiS government, Hungary under Fidesz government, Russia under Putin's fist, I think of Vichy France and most of all I think of Roland Freisler.... the prefered head judge of the Austrian corporal.
And In the US? Just look at how "judge" Cannon killed the secret document case. And now you even have that Bove figure rubber stamped to a lifelong position as a judge. Bove? A judge? For life? Really?
Russell, I wish you a nice day. We fight the same fight but have different viewpoints on where the US is right now.
You make a compelling case, Marc.
Marc, we're not all idiots......just half of us
I know that friend, I know that.
I think that Biden's immunity would have been denied had he called for Seal Team 6 to take out candidate Trump in 2024 even if the FBI and CIA concluded with undisputable evidence that Trump was working with the Russians to undermine the USA.
is that right ? I also thought it was any pres to follow
Guess I'm as dumb as a rock even though I'm old as dirt! How does a Supreme Court charged with upholding the law of the United States, pass a law making it possible to commit "legal crimes?" Even going so far as limiting said law to one convicted felon, Donald J. Trump! "Official Act?" Yep, tRump may "Shoot anyone on "any street!" Gee, that some one could be you or me. "Short Live the King!"
I feel for the judges who sit in the lower courts, who do the actual work and research before they render their decisions. SCOTUS has the worst rating ever in American history and rightfully so. With the shadow docket that you have expertly educated us about, Joyce, The Roberts Court is quick to undermine those judges. I ask, when they will finally rebel and challenge the higher court of kings and one queen? It would be unprecedented but with this regime, what isn’t? Way past time to eliminate lifetime appointments.
I agree. Those lower court judges are damned when they do and damned when they don’t, which is all the time. Untenable.
I am so glad some judges are speaking up, even if they have to do it anonymously. The Roberts 6 are as far as I can tell, ideologues rather than actual justices and because We the People have been convinced that the SC has some kind of honor, we allow them to do their dirty work, often with no explanation, even trying to create a king for us when we neither want nor need one. That to me is a kind of coup and worthy of impeachment. It is too bad that whatever cheating went on in this past election let Republicans rule the House and Senate. We need some action related to this appalling set of 6 anti-constitutionalists, well-groomed to do whatever people like Leonard Leo tell them to do, and Trump is a figure partially created by Leo and his oligarchic buddies who also are anti-constitutional. It is a real dilemma that We the People are going to have to deal with if we are to retain our democracy in the face of this racist, christian nationalist, misogynistic, homo/transphobic, xenophobic, classist set of bullies.
Trump has recently fallen out with Leo because some the judges he himself appointed following guidance from Leo have ruled against him.
https://www.theguardian.com/us-news/2025/jun/08/trump-federalist-society-conservative-legal
Doesn't reieve Leo from accusations of bribery.
I agree.
Russell, you are right, but who knows what will happen when there is a threat involved? Will those judges that Leo helped groom go with the constitution or with their indoctrination? Hard to predict.
The purpose of the whole project of training potential future judges in the so-called economic theory of law and Buchanan's Public Choice theory was about restricting the powers of politicians. Trump's insane power grab is a million miles away from what people like Charles Koch and Leonard Leo thought they were funding.
One judge felt the need to apologize directly to either the Supreme Court or Roberts, because Roberts chastised him for deviating from one of the shadow decisions - that wasn't directly related to the case the judge decided, and at any rate had no written justification.
In such a case what would prevent a lower court judge from re-ruling a case that was returned to them, and then ruling in the same way as they did before, with the rationale that the shadow case did not directly apply, or without explicit reasoning there was no way for them to apply precedence?
That is a most interesting idea!
My four-legged said, “Meow” to that.
Damn good question. I wonder if this is one of those scenarios we won’t know the outcome of until it transpires. Which begs the question, when and which judge and which case, right? Perhaps one of those twelve that spoke to NBC.
Joyce
You do an excellent job of addressing the legal quandary we as a country are facing with “this Supreme Court”. It’s hard to fathom we have a SC hellbent on vagueness and autocracy. Where did these “lawyers” sell their souls to the depths of autocracy and the rule of law, decency, integrity, honesty, democracy and plain humanity. It’s hard to believe some of these Justices are supposed to be Christian.
Thank you for continuing to offer sanity of thought and argument in these trying times.
We truly are in this together.
The corruption is the SC, or perhaps their willingness to abdicate their duty to the United States, is the most disturbing part of these dark days. We are watching, but we don't know, yet, how to push back on this: how to demand they do their job, when money and power persuade them not to. It feels like the tide is rushing in and our desks are floating. I know that's not the metaphor you were going with, Joyce, but to say it is unsettling would be an understatement. I'm grateful to the lower court judges who have spoken up. But now what?
It seems to me like the willingness to abdicate one's duty is a feature of corruption. I find it difficult to separate the two.
I agree, Susan.
Did anyone catch old Mitch McConnell bemoaning the fact that the country is in danger from RFK’s chicanery at HHS. How rich for him to be surprised at any of this. I will always hold him primarily responsible for where this country is currently; especially with the Supreme Court.
I can only hope that John Robert’s gets it that an overwhelming majority of Americans do not want the Christian theocracy he is helping to create and backs away from his destruction of the constitution. We shall soon see.
Do not hold your breath. They are lock, stock and barrel Heritage Foundation groupies, owned by Leonard Leo and their other right wing masters.
The Court can hide its actions all it wishes. However, that is not going to stop history from considering Roberts as the worst ever, displacing Taney and Dred Scott. However, that is not going to help us. The future laughs.
Let’s hope they’re able to laugh. That would mean we turned this ship around and had a big ass happy parade.
So seems like the rule of law is dissolving
Skye, the rule of law isn't dissolving. But you make a fair point that the use of the expression "rule of law" doesn't promote any actual thought. When we're talking about our purported public servants, the expression "the rule of law" is worthless. It's actually worse than worthless because it distracts people from every potentially relevant rule of law. The relevant rules of law are stated in our Constitution. Our purported public servants are either fulfilling their duty to support our Constitution or they are attacking and undermining it. When it's the latter, we should say that's what they're doing.
Thanks. I stand corrected. You say it better.
Rephrasing- the elected guardians of the law are definitly attacking and undermining our constitution.
Twenty-three emergencies? I will be 75 in a fortnight, and the best I can manage is one broken ankle and a case of SARS. SCOTUS explains neither why a specific case is an emergency … or, as noted, the reasoning behind its decisions. SCOTUS meets Trump’s delay-delay-delay.
Happy birthday, David! Just wait until you are 80. You won't have to conjure up emergencies, they just happen. That's my experience. Hopefully it won't be yours.
Happy Birthday! 🥳
Yes, I am certainly ready for the occasional emergency - an untied shoelace, for example - than waiting for the next obscenity.
Conservatives had always been critical of liberal SCOTUS decisions as being activist judgements, not relying on the textualism and originalism of the constitution.
How the tide has turned! The Roberts Court is not only wildly activist but also disrespectful of precedent and relying on the principles of the unitary executive theory rather than the constitution in crafting decisions.
In abandoning the responsibility of scholarship in framing their shadow docket decisions, SCOTUS betrays our system of justice, placing their ideological priorities over their duty to uphold the sacred execution of framing jurisprudence and maintaining guardianship of our constitutional legacy.
Sitting in the bleachers of the general public, my basic civic education leave me feeling uneasy and anxious with the decisions of The Roberts Court. Their unsettling deviation from the constitution does not feel like an acceptable interpretative latitude, but rather, a derailment.
Want to know what I, a Belgian, thinks of these 6-3 "judges"?
Roberts and his 5 maga not-so-supreme justices have a lot to answer for but they never will.
Roberts will be content with what he'll regard as some R.E.S.P.E.C.T., being getting a tap on the head from the ignoramus-in-chief while that morally bankrupt fellow whispers "well done and thanks" into Roberts ear.
Kavanaugh will stay happy as long as his supply of beer kegs keeps rolling in and he occasionally can eat a steak somewhere without getting booed.
The one who's name I keep forgetting, grugsum or something, is just checking if some more cheap loans went his way.
Barrett will keep writing memoires and collecting bibles.
And then we have the "really-not-supreme" ones.
Alito the collector of fake medieval parchments which "prove" that it is OK to take a rocket launcher to a Walmart sale.
Clarence "happy face" Thomas, the self-proclaimed friend of rightwing nutcase billionaires who take the guy on boring sailing outings and keep on putting luxury buses on the driveway of the Thomases.
Marc, kind of sums us up......hope you guys don't need a rescue again soon....we're not up to it !
Everything is an emergency when a decision goes against Voldemort’s regime. He and his lackeys are like petulant toddlers. As Laurie said, we need to get and stay involved, stay informed. I particularly enjoy hounding the shit out of the horrible senators in texas. They have abdicated any responsibility for doing their jobs. Democrats/Independents in texas will not look kindly upon cornyn (and all the rest of them) in 2026, no matter how badly the state is gerrymandered.
Thank you Joyce, for all you do to keep us informed. I am looking forward to your book, and of course, your weekly #SistersInLaw podcast.
As a Texan, I'm hoping that the race between Cornyn and Paxton explodes and that a Democrat can finally win that seat. I used to have a small (very small) amount of respect for Cornyn, but something he's done recently - my memory fails me here - has erased all respect I had for him. Ted Cruz has always been about destruction.. He stands out in my mind as the first tea party candidate who won a senate seat.
cornyn and paxton are both full on maggots. I also hope they both implode. They both lie and nothing makes me angrier than a liar.
I'm with you on all of that. On top of that paxton is a criminal, who is apparently self-righteous despite that. I wish I understood how people can keep electing nasty people like abbott & paxton. Cornyn used to be not so bad, but he has slid into the trump morass with the rest of the repubs.