Law No more nationwide injunctions from district judges

[Limbo Pete]

So unless you or your state sue over decisions made by the executive branch, you're shit out of luck until the Supreme Court maybe gets around to making a decision on it?

Seems like more and more power and less and less checks have been handed to the executive

But here's the rub; the actual terminal point of the power concentration is in the SC. Every time they hand Trump some new power, they declare themselves the sole arbiter of it.

 

[cottagecheesefan]

So unless you or your state sue over decisions made by the executive branch, you're shit out of luck until the Supreme Court maybe gets around to making a decision on it?

Seems like more and more power and less and less checks have been handed to the executive

No. There are a lot of high profile law firms and groups that are bringing these cases and judge shopping. The next step will be for them to join together from individual cases in various states, and file class action or common cause lawsuits.

Just like how Kilmar abrego Garcia ditched his public defender for criminal charges to have a big democrat law firm take up his case pro bono. Granted, they argued so good that he should not remained detained that he will now be deported

 

[avenue94]

But here's the rub; the actual terminal point of the power concentration is in the SC. Every time they hand Trump some new power, they declare themselves the sole arbiter of it.

I can't emphasize enough that America is one of the few democracies where the Supreme Court is more akin to consulting the oracles at Delphi or your society's high priest than any modern legal or judicial institution.

 

[GreatSaintGuillotine]

No. There are a lot of high profile law firms and groups that are bringing these cases and judge shopping. The next step will be for them to join together from individual cases in various states, and file class action or common cause lawsuits.

Just like how Kilmar abrego Garcia ditched his public defender for criminal charges to have a big democrat law firm take up his case pro bono. Granted, they argued so good that he should not remained detained that he will no be deported

And if anyone doesn't take up their own case or join a class action, where does that leave them?

This shit is not my forte so I'm genuinely trying to understand

 

[GreatSaintGuillotine]

But here's the rub; the actual terminal point of the power concentration is in the SC. Every time they hand Trump some new power, they declare themselves the sole arbiter of it.

Ok. That is interesting but I feel like that becomes a huge problem if he simply rapud fires a fuck ton of EOs faster than they can make decisions.

Is it not better to have checks at lower levels as well so that there is not just a singular point of failure?

 

[cottagecheesefan]

I think the better approach would be a higher panel that reviews any order or just prevent judge shopping that’s been happening the past few terms to try to guarantee a favorable initial ruling/ injunction. Congress has to formulate that however so i won’t expect anything soon.

It is actually interesting that there was some parts of the big bill that address this. They even included language from a recent bill introduced by a democrat.

https://www.congress.gov/bill/118th-congress/senate-bill/1265#:~:text=1265%20%E2%80%94%20118th%20Congress%20(2023%2D,extends%20beyond%20the%20parties%20involved.

Not really calling out democrats as hypocrites, because as pointed out, republicans have done it in the past too. It is the classic “I am in power and do not want this, but when I am not in power, I want to be able to do this”

Both sides suck lol

Edit: forgot to mention these parts of the bill were removed in the last few days due to that senate parliamentarian that is getting some notoriety lately

 

[cottagecheesefan]

And if anyone doesn't take up their own case or join a class action, where does that leave them?

This shit is not my forte so I'm genuinely trying to understand

Not my forte either. But from what I have seen, most of these lawsuits are already being brought by well connected lawyers and law firms/activist groups.

If there is a legit case, these groups would love it to add to their growing case file.

That is their next line of offense to try and stop trump

 

[Confucamus]

All these losers have been mask off with the racism lately. None of these fucks should be this comfortable being like this. Sign of the times I guess. This and little Muhammad stuff coming from people in government. Man wtf is wrong with this country.

Biden said he'd only consider a black woman for his only pick. It's not racist to not want DEI hires on the highest court in the land. Nobody can take anything away from her credentials and she certainly has the qualifications. But you don't get to say she isn't a DEI hire. Her being a black woman was the number one qualifier for her to get nominated. Maybe she could have gotten on to SCOTUS without that, but we'll never know. That's on Biden, not these evil racists that you think are all around you.

 

[Rob Battisti]

As appropriate as pretty much any other nomination throughout the court's history. Do you think Johnson didn't consider race when nominating Thurgood Marshall?

Or even better, why do you think there were no black justices for most of the nation's history?

That’s is a complete side step and you know it.

What was done would be illegal for a business yet no one batted an eye when it happened.

 

[GreatSaintGuillotine]

That's on Biden, not these evil racists that you think are all around you.

Biden was a fucking idiot and im not gonna dispute that. But insinuating that there are in fact not racists around and that Kirk doesn't spew racist shit is hilarious.

2 things can be true at the same time. Biden is an idiot for saying that and Kirk says some wildly bigoted shit on the regular

 

[BFoe]

Oh my! She should’ve used “jiggery-pokery,” or “argle bargle.” Or how about kulturkampf, tell me that isn’t some dark sounding made up shit.

All courtesy of the late, great Antonin Scalia.

That’s is a complete side step and you know it.

What was done would be illegal for a business yet no one batted an eye when it happened.

This isn’t a business.

POTUS “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.”
That’s it. There’s no other qualifications specified. Those things happened, she’s rated Well Qualified by the ABA, so what is the issue?

 

[GreatSaintGuillotine]

Oh my! She should’ve used “jiggery-pokery,” or “argle bargle.” Or how about kulturkampf, tell me that isn’t some dark sounding made up shit.

All courtesy of the late, great Antonin Scalia.



This isn’t a business.

POTUS “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.”
That’s it. There’s no other qualifications specified. Those things happened, she’s rated Well Qualified by the ABA, so what is the issue?

*Tyron Woodley.gif*

 

[AWilder]

I’ll sit down soon and read the full decision, but it doesn’t make a ton of sense to me.

In an instance like this, where the federal government seeks to take citizenship away from a whole group of people en masse, how would anyone outside of the injunction’s scope get relief?

In other words, if the injunction only applies to a limited number of people, the government could consider all other people in this group as non-citizens, and move to deport them. Let’s say the suit that challenges the merits of the EO gets to SCOTUS, and SCOTUS strikes down the EO as unconstitutional.
—How does anyone who has been deported get relief? Are we expecting the government to “facilitate” all of their returns? Are these people expected to find their way back to the US on their own somehow? They certainly can’t sue, as they’ll be outside the US and no court where they are at would have jurisdiction.

Seems like a messy and incomprehensible decision, which I guess is what the Roberts Court is known for.

It's clearly "originalism"

 

[Zazen]

Biden said he'd only consider a black woman for his only pick. It's not racist to not want DEI hires on the highest court in the land. Nobody can take anything away from her credentials and she certainly has the qualifications. But you don't get to say she isn't a DEI hire. Her being a black woman was the number one qualifier for her to get nominated. Maybe she could have gotten on to SCOTUS without that, but we'll never know. That's on Biden, not these evil racists that you think are all around you.

You’re not paying attention if you think the rhetoric hasn’t gotten worse from the right.

 

[Corona]

lol at Justice Jackson. We’d be better off with Jesse Jackson imo.

 

[SurferH2O]

Trump had more injunctions by these judges than all the presidents from the last 100 years .... COMBINED. What these handful of judges created was an authoritarian judiciary that has clearly overstepped their power.

 

[avenue94]

That’s is a complete side step and you know it.

What was done would be illegal for a business yet no one batted an eye when it happened.

What side step. Do you think considering the demographics or personal characteristics of a judge is improper? That's your entire argument. If you think Jackson's appointment was improper, you're also arguing that Thurgood Marshall's appointment was improper. I believe both picks were qualified, and the president had discretion to use race or his own preferences to narrow down the pick.

Here's Johnson's remarks: "I believe he earned that appointment; he deserves the appointment. He is best qualified by training and by very valuable service to the country. I believe it is the right thing to do, the right time to do it, the right man and the right place."

Are you so biased that you can't read between he lines as to what the bolded part refers to (Marshall's race) or who he is addressing (those who would accuse Marshall of being a DEI pick)? Keep in mind that the only people considered for this nomination were black or women.

 

[avenue94]

Trump had more injunctions by these judges than all the presidents from the last 100 years .... COMBINED. What these handful of judges created was an authoritarian judiciary that has clearly overstepped their power.

Surely it's not because Trump has no historical parallel in trying to use his power ins flagrantly unconstitutional and illegal manners.

 

[avenue94]

lol at Justice Jackson. We’d be better off with Jesse Jackson imo.

What is your critique of her CV?

Biden said he'd only consider a black woman for his only pick. It's not racist to not want DEI hires on the highest court in the land. Nobody can take anything away from her credentials and she certainly has the qualifications. But you don't get to say she isn't a DEI hire. Her being a black woman was the number one qualifier for her to get nominated. Maybe she could have gotten on to SCOTUS without that, but we'll never know. That's on Biden, not these evil racists that you think are all around you.

Do you consider Thurgood Marshall a DEI hire?

 

[pinger]

Project 2025 coming along well