213 Comments
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Bonnie MacEvoy's avatar

Thank you for deciphering this, Joyce. It's important to understand why and how judicial resistance is succeeding. Balancing an "out of control executive" is long overdue.

Suki Herr's avatar

I don’t know what we lay folks would do without you&other smart lawyers. Andrew Weitzman, Norm Eisman, Katie Phang is a hero. Others too.

But ThankYou

dee's avatar

..lets not forget THE SISTERS - The QUEEN of "dad" jokes - Barb McQuade...THE WATERGATE GIRL (among so many other things ;-)) - Jill Wine-Banks and THE BEAUTIFUL & BRILLANY/WITTY Kimberly Atkins-Stohr!!

LOVE you ALL!!!

Suki Herr's avatar

Absolutely! I agree. The smartest thing MSNBC did was hire these fabulous gals at the beginning of Trump’s 1st term.

Jo Burns's avatar

Thank, Judge Talwani, for standing up for US Constitution and rule of law. Thank you, Joyce, for explaining it so well. The sandbox bully is not done yet.

Cherae Stone's avatar

Neither are the good guys!!

Chucklaw's avatar

This type of reporting and analysis is what makes Civil Discourse indispensable. Thank you Joyce.

BrendaAmazon's avatar

Wow..... that's all I can muster from my constantly crushed soul for my country....

KC Scott's avatar

I hope Judge Talwani gets nominated for the Supreme court in the future!

Lewis Dalven's avatar

She’s 65. Please let’s find qualified candidates with her laudable fervor for sane Constitutional rule of law who are younger!

Bonnie MacEvoy's avatar

Or reform the rules including term limits, a total number of judges reflecting number of districts, ethics requirements, limit to number appointed by a single president, shadow docket regulations, etc.

Lewis Dalven's avatar

Oh to be sure I support all that too, but that requires a solid Democratic majority in the Senate and willingness to end the legislative filibuster. I hope we get there!

Linda Slater's avatar

These Judges in the lower courts, like Judge Talwani, are the heroes in the fight to maintain democracy in the US.

Marc Donner's avatar

The administration’s transparent attempts to disenfranchise voters, particularly poor and non-white ones, are both astonishing and terrifying.

John D. Cooper's avatar

Terrifying would be my word of choice. Beyond that I will be forever unforgiving of A Supreme Court which has clearly gone over to the darkest side. They clearly are driven by the likes of people who wrote Project 2025, an effort to upend any semblance of democracy and constitutional law. They are nothing short of mid-evil cast offs intent on turning the clock back no matter the toll on decency and our shared humanity.

Mitch Jackson's avatar

I've been trying to wrap my head around each side's arguments and the procedural speed bumps these cases have laid out in front of the American voter. I've even done a couple of interviews trying to clarify things for others. It's confusing and complicated, even for many of us who are seasoned litigators. This post really helped answer a lot of questions and issues in my mind, and I'm sure for everyone else who reads it. Thank you for that.

Michael David Flynn's avatar

With Bush v Gore in mind, and the roles that Roberts, Kavanaugh, and Barrett played in that legal abomination, I would not be surprised if SCOTUS now decided they’re all in on voter suppression, the law be damned. This is the culmination of decades of right wing legal gamesmanship intended to cement one-party rule in perpetuity. That John Roberts’ legacy and the reputation of the court may be forever tainted seems to matter less with each passing day.

Lewis Dalven's avatar

Robber, Beer-Me, and The Handmaid were not on the SC in 2000, although they all did what they could to tip Florida to Bush. The thing that makes me inclined to agree with you is not that case, but USA v Trump, where their reading of the Constitution is about as far from what it actually says as would be needed for them to ignore that voting is left to the States and Congress. But they didn’t go along with scuttling Birthright Citizenship, so there’s that.

Michael David Flynn's avatar

They weren’t on the court, but they were in Florida as part of the Republican legal team.

Carol Gamm's avatar

Thank you Joyce. Our democracy hangs in the balance.

Susitrav's avatar

Amazingly Hard Work!! ✅️

I'd really like to go back to a time when "executive orders are NOT laws" 📢📢📢

Lewis Dalven's avatar

If/when we get the trifecta, we may want to use them…a lot. Careful what you wish for…the rules have changed and we need to keep up.

Nevoustrumpezpas's avatar

I would hope that a Democratic and/or liberal president would not issue executive orders that are plainly either totally outisde his purview or completely unconstitutional.

Deirdre H Robbins's avatar

I believe FDR interned the Japanese Americans during WWII by executive order.

Nevoustrumpezpas's avatar

Yes, he did, as you surely know. However, it's complicated. I don't want to summarize, but see Wikipedia: https://en.wikipedia.org/wiki/Korematsu_v._United_States

Dawn Erickson's avatar

We are so lucky to have you laying all this out for us so eloquently and clearly Joyce. Thank you.

Laurel's avatar

Thank you for digging in with this important piece to understand

Don Hudson's avatar

"So thank you for making the effort and going the extra mile here."

On the contrary Joyce, you are the one who is going the extra mile. Your work is exceptional and valuable information for Americans who are trying to save their country.

Watching from Canada, a country which is ANYTHING but difficult to get along with...

Cherae Stone's avatar

I’m a bit envious, I must say.

Don Hudson's avatar

We are hoping America will survive this as America has weathered similar storms in the past.

Robert Gray's avatar

Thank you and God bless you.