superrific
Legend of ZZL
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Because it is no longer a court. I mean, it's not even trying any more. This is, by my count, seven lower court orders they have stayed without comment, all in favor of Trump and all without comment. It's even worse than Trump v. United States. That at least purported to be law.
1. In our system, judicial decisions come with explanations. That's how our law has worked since the Pilgrims landed. Because courts are supposed to announce rules that other courts follow. They are supposed to inform the people who are subject to the court's jurisdiction what they can and can't do under the law. They are supposed to bind themselves to rulings that could be applied the other way, as that prevents naked partisanship. This is how our system has ALWAYS worked. Sure, they invented so much bullshit, but at least it's written down.
When the Supreme Court stays every order against Trump, they are implicitly acknowledging that the lower court decided the case correctly but they don't like the outcome. So they strip away the outcome, substitute their own desires about how the cases should come out -- all the while telling the lower courts and litigants to go fuck themselves. They know that what's happening is illegal, but they also know that if they just stay the order, they will never have to admit it. By the time they get around to hearing whether the Haitians can legally be deported, they will all be deported. Now that DOGE has all of our data, nobody will be able to sue because there will be no injury to remedy given that the data is already out there.
2. THIS is what happens in banana republics. The courts don't always bless the dictator; they just look the other way and pretend everything is normal. And when they do so, they forfeit any claim they might have to judicial discretion. They aren't judges. They are lackeys. And now we have it -- not 80% of the way there, as we were a couple of years ago. Not 90% of the way there, as we were last summer. 100% here.
3. What this does is completely disincentivize any American from standing up for their rights. The Supreme Court is telling every single lawyer in America, every single potential client: you can't win. You can spend tens of thousands of dollars litigating, and even when you do win, the Court will just pull the carpet. They don't even need a reason-- so why even sue? This mirrors the situation that can happen in proxy contests in corporate law, if the board of directors promulgates some new policy after a challenger has already spent gobs of money. And the corporate law courts don't let that happen. To think that corporate law courts do a better job protecting investors than the US Supreme Court does protecting the country.
4. Fortunately, we have the power to change it. We don't even need my change-the-constitution scheme. When we get control, we just make a new court and give it all appellate jurisdiction. The Supreme Court's jurisdiction will be sliced down to its bare constitutional minimum. We'll dual appoint Jackson, Kagan and Sotomayor and the conservative justices can all go fuck themselves.
This is something that we must absolutely do next time we get power. No excuses or complaining. It is required. Ideally we'd also throw the conservative justices in a hole in El Salvador as partial compensation for all the suffering they have inflicted on Americans over the past four decades, but that's a separate issue.
1. In our system, judicial decisions come with explanations. That's how our law has worked since the Pilgrims landed. Because courts are supposed to announce rules that other courts follow. They are supposed to inform the people who are subject to the court's jurisdiction what they can and can't do under the law. They are supposed to bind themselves to rulings that could be applied the other way, as that prevents naked partisanship. This is how our system has ALWAYS worked. Sure, they invented so much bullshit, but at least it's written down.
When the Supreme Court stays every order against Trump, they are implicitly acknowledging that the lower court decided the case correctly but they don't like the outcome. So they strip away the outcome, substitute their own desires about how the cases should come out -- all the while telling the lower courts and litigants to go fuck themselves. They know that what's happening is illegal, but they also know that if they just stay the order, they will never have to admit it. By the time they get around to hearing whether the Haitians can legally be deported, they will all be deported. Now that DOGE has all of our data, nobody will be able to sue because there will be no injury to remedy given that the data is already out there.
2. THIS is what happens in banana republics. The courts don't always bless the dictator; they just look the other way and pretend everything is normal. And when they do so, they forfeit any claim they might have to judicial discretion. They aren't judges. They are lackeys. And now we have it -- not 80% of the way there, as we were a couple of years ago. Not 90% of the way there, as we were last summer. 100% here.
3. What this does is completely disincentivize any American from standing up for their rights. The Supreme Court is telling every single lawyer in America, every single potential client: you can't win. You can spend tens of thousands of dollars litigating, and even when you do win, the Court will just pull the carpet. They don't even need a reason-- so why even sue? This mirrors the situation that can happen in proxy contests in corporate law, if the board of directors promulgates some new policy after a challenger has already spent gobs of money. And the corporate law courts don't let that happen. To think that corporate law courts do a better job protecting investors than the US Supreme Court does protecting the country.
4. Fortunately, we have the power to change it. We don't even need my change-the-constitution scheme. When we get control, we just make a new court and give it all appellate jurisdiction. The Supreme Court's jurisdiction will be sliced down to its bare constitutional minimum. We'll dual appoint Jackson, Kagan and Sotomayor and the conservative justices can all go fuck themselves.
This is something that we must absolutely do next time we get power. No excuses or complaining. It is required. Ideally we'd also throw the conservative justices in a hole in El Salvador as partial compensation for all the suffering they have inflicted on Americans over the past four decades, but that's a separate issue.
