Republican Supreme Court justices use the shadow docket to stop policies they don’t like, and to allow policies they do like. They are more partisan ideological actors than judges focused on the law.
The US is paying out 1.2 million dollars in a case it won. This is corruption by the Trump administration–subverting the rule of law for a political ally.
The Conservative Supreme Court justices can’t agree on what the major questions doctrine is and what exceptions to it should be.
The Supreme Court made a major change in how lower courts operate by limiting nationwide injunctions. Such injunctions could have prevented the US government from illegally taking all this money in the first place and avoided the issue of if, when, and to whom, the tariff money is paid back. This policy allows the president to act illegally for months or years until the Supreme Court finally resolves a case.
“When federal judges told the Trump administration that it was necessary to provide due process to suspected undocumented immigrants before deporting them, Homan said the administration was “not stopping,” and added: “I don’t care what the judges think.”
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The FBI reportedly recorded Homan accepting a $50,000 bribe from undercover agents posing as potential government contractors. Homan has denied taking the money or doing anything wrong, and the White House has dismissed the case as politically motivated, but lots of questions remain unanswered”
“It’s highly unusual for federal judges to issue such direct accusations and contempt threats against the government. However, an increasing number of judges have become exasperated by the Trump administration’s noncompliance with their orders in immigration cases.
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The Trump administration insists that it can arrest anyone present in the country unlawfully without a warrant and hold them in mandatory detention without a bond hearing. This interpretation of the law abandons a precedent that has been in place for nearly 30 years.
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judges find themselves batting down the same specious arguments from the Justice Department over and over.”
ICE has been capturing people here legally and detaining them far away from where they were picked up. When courts find out about this and order ICE to release individuals, ICE sometimes doesn’t follow the orders. ICE Lawyers have been overwhelmed defending ICE’s lawlessness. One of ICE’s own lawyers admitted that when she tells them they have to release people held illegally, they don’t follow through because they don’t respect the courts.