So far, the Supreme Court is allowing Trump to use powers that appear to be unconstitutional. The Court has largely done this using the shadow docket, where the court doesn’t need to explain its reasoning.
By allowing the president to create real-world and not fully reversible impacts while acting with clearly unconstitutional powers, the Supreme Court is derelict of its duty as a check on presidential power.
It makes sense to limit injunctions that stop the president when his actions may not even be found unconstitutional in the first place, but if the president can act in any way, and not be stopped until the damage is done, then the Supreme Court is derelict in its duty.
The Supreme Court can act very quickly when it wants to, and it can slow-walk when it wants. Seems like it will do this in favor of Trump and Republicans.
Trump and his associates say clearly why they are doing what they are doing, and then tell the Court that they did it for different reasons. The Court has naively accepted the administration’s legal justifications that conflict with the administration’s clearly spoken motives.
The Constitution does not take into account political parties. The founders did not expect parties when they wrote it. Parties ruin the separation of powers and cause officials to not restrain a president acting illegally, even though it is those officials’ (Congress and the Supreme Court) duty.
“Senate Republicans have already said they plan to move quickly to confirm Trump’s Council of Economic Advisers Chair Stephen Miran to fill one current vacancy. If Cook loses a pending legal challenge and is dismissed — and her replacement is confirmed by the GOP-controlled Senate —Trump-appointed Fed governors would hold four of the seven seats on the central bank’s board.
That majority, in turn, would be enough to control the reappointment of the 12 regional bank presidents throughout the country who also have a say on rates and whose five-year terms are scheduled to expire in February.
And that, in effect, could give Trump control of the Fed’s policy-making Federal Open Market Committee, whose refusal to lower interest rates throughout his second term has put the president on the warpath with Fed Chair Jerome Powell. Any exertion of White House control over the reappointment process for regional bank presidents would represent an extraordinary break in precedent.”
“Noem v. Perdomo is not a normal case. Instead of disavowing the apparently unconstitutional behavior at its core, the Trump administration is openly embracing that behavior and urging the justices of the U.S. Supreme Court to do the same. It is the rare case in which both the government and its opponents agree that federal agents behaved in a specific way; the two sides only disagree about whether the specific behavior should count as good or bad.
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according to the emergency application to SCOTUS signed by Solicitor General John Sauer, “apparent ethnicity can be a factor supporting reasonable suspicion in appropriate circumstances.” Translation: If a federal agent thinks that someone “looks illegal,” the agent should be free to seize that person based only on his “apparent ethnicity” without setting off any sort of Fourth Amendment alarm bells.
Furthermore, in response to the argument that the federal government’s alleged racial profiling has resulted in an overly broad dragnet that inevitably ensnares innocent U.S. citizens, the Trump administration told the Supreme Court that “the high prevalence of illegal aliens should enable agents to stop a relatively broad range of individuals.”
Take a moment to let that sink in. The Trump administration wants the Supreme Court to give its blessing to a kind of systematic racial profiling that involves federal agents stopping a “broad range of individuals” based exclusively on factors such as the individuals’ “apparent ethnicity.” And if the rights of U.S. citizens—such as the Fourth Amendment right to be free from unreasonable searches and seizures regardless of your skin color—happen to get trampled along the way, the Trump administration’s message to those victimized citizens is this: tough luck.”
The Supreme Court used to use the shadow docket, where it gives a quick and binding decision without explanation, mostly for death penalty cases. For Trump, the court has done these more often, often giving Trump powers that seem unconstitutional, allowing him to take actions difficult to reverse even if he loses later.
Supporters of textualism act like it is a simple way of reading the law, but judges who practice textualism often claim a clear text is ambiguous or an ambiguous text is clear based on what fits their political or ideological bias.
“A divided Supreme Court has cleared the way for the Education Department to fire almost 40 percent of its workforce four months after President Donald Trump ordered his administration to begin closing down the department.
The justices, by an apparent 6-3 vote announced Monday, lifted an injunction a federal judge in Boston granted in May against the firings. That judge found that the staff cuts were so drastic they would prevent the department from carrying out duties mandated by Congress. He also said the mass firings appeared to be part of Trump’s plan to eliminate the Education Department entirely, despite a lack of congressional authorization to do so.
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The high court’s majority offered no explanation for its decision, but all three liberal justices joined a 19-page dissent that accused the court’s conservative majority of favoring the Trump administration when considering emergency appeals.
“When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it,” Justice Sonia Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson.
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The majority stressed in that decision that the high court was not giving its legal blessing to any specific plan to downsize any particular agency. But now it appears to have done just that with the Education Department.”
“Seven of the men have no ties to South Sudan, but the administration wants to send them there as part of an effort to expel people to so-called third countries when U.S. law bars them from being sent to their home countries or when their home countries will not accept them.
“They’re now subject to imminent deportation to war torn South Sudan, a place where they have no ties and where it is possible, if not probable, that they will be arrested and detained upon arrival,” said Trina Realmuto, an attorney for the men. “This ruling is condoning lawlessness.””
“the Supreme Court unanimously ruled in favor of a teenage girl and her parents who are attempting to sue the girl’s school district for alleged disability discrimination. The decision, which did not rule on the merits of the case, is similar to another recent unanimous ruling finding that courts cannot require different discrimination cases to meet different standards of proof to receive a favorable judgment.”
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“two lower courts ruled against the family. The 8th Circuit ruled that simply failing to provide A. J. T. a reasonable accommodation wasn’t enough to prove illegal discrimination. Rather, because the family was suing a school, they would be subject to a higher standard than plaintiffs suing other institutions. The family was told they had to prove that the school’s behavior rose to the level of “bad faith” or “gross misjudgment.”
The Supreme Court disagreed. In the Court’s opinion, Chief Justice John Roberts wrote that disability discrimination “claims based on educational services should be subject to the same standards that apply in other disability discrimination contexts,” adding that “Nothing in the text of Title II of the ADA or Section 504 of the Rehabilitation Act suggests that such claims should be subject to a distinct, more demanding analysis.”
In a concurring opinion, Justice Sonia Sotomayor reiterated how nonsensical the 8th Circuit’s higher standard for educational disability discrimination claims was, noting that some of the most obvious forms of disability discrimination do not involve bad faith or misjudgment against the disabled.”