Bracketing the substance of the underlying case, the procedural posture going on here is completely insane and unprecedented. - ThreadSky

andycraig.bsky.social • 11 hours ago

Bracketing the substance of the underlying case, the procedural posture going on here is completely insane and unprecedented.

Reposted from Chris Geidner

BREAKING: Chief Justice John Roberts issues an a stay of Judge Ali’s order while SCOTUS considers DOJ’s request.

A response is ordered from the plaintiffs in the case by noon Friday.

Comments

lawnerd.bsky.social•50 minutes ago

This reflects the central and most important through-line in John Roberts’s jurisprudence:

(1) the actions of republicans are presumptively constitutional and so must be allowed to continue untrammeled until and unless a SCOTUS final appeal modifies them.

lawnerd.bsky.social•49 minutes ago

(2) Actions of democrats are presumptively unconstitutional and are to be enjoined and prevented from taking effect until fully litigated from trial court to scotus, ideally in the fifth circuit, and then allowed only to the extent that john Roberts blesses them

judeobsc17.bsky.social•2 hours ago

so tired of unprecedented and waiting for congress to impeach trumpmusk so we are unpresidented even if we have to deal with vance until the next election

anthrodiva.bsky.social•11 hours ago

Except for all the other times these jackholes have stepped out of bounds.

formertwtruser.bsky.social•11 hours ago

Tell us more!

andycraig.bsky.social•11 hours ago

TROs aren't, in general, supposed to be appealable at all with some very narrow inapplicable exceptions. But this isn't even that. It's an administrative stay of an order enforcing a TRO that was itself unappealed. Maybe somebody knows of a case but I'm fairly certain SCOTUS has never done that.

nofan.bsky.social•8 hours ago

Based on statements by some of the plaintiffs, the only way their businesses could survive was being paid by the end of February. If their assessments were accurate, the 2-day delay by SCOTUS has effectively destroyed these firms. They can no longer get paid in time.

backcountrylaw.bsky.social•9 hours ago

Probably not -- but don't you dare complain that it undermines the Court's legitimacy: Cranky Old Man Roberts doesn't like that.

peanut24.bsky.social•10 hours ago

That's why I thought DOJ's failure to even try to appeal (or comply with) the TRO would mean this appeal was a non-starter. But apparently no claim by the Trump administration is too novel or unsupported to dissuade this Court from getting involved to help him out. I hope I'm wrong but . . .

oaklandishdude.bsky.social•11 hours ago

Now can we say democracy is dead?

birddecentralise.bsky.social•9 hours ago

Yup. They just playing footsie at this stage. We headed for default

marthawt.bsky.social•9 hours ago

Because NO laws, norms, or rules apply to our new Emperor.

balloonatic.bsky.social•11 hours ago

Trump is literally cutting off the oxygen to these people and the Supreme Court is letting it ride a couple of days. Disgusting.

danbongard.bsky.social•9 hours ago

I suspect Roberts is afraid that Trump is on the verge of rejecting the federal courts' oversight role altogether, and that pausing for a few days (and throwing Trump a small bone) might let things de-escalate.

toner56.bsky.social•8 hours ago

I understand this is your summary of Roberts opinion, but I have no fucking idea why anyone would think “if we appease his lawlessness, that’ll make it more likely he follows the law later”

paxxi.delusional.nu•8 hours ago

I'm thinking it's more " if his friends at the SC says it, he'll listen"

I don't know if it'll work but I can see someone belive it

danbongard.bsky.social•8 hours ago

Appeasement implies "we could stop you, but we will bribe you instead". That isn't this.

This is "there is literally fuck-all we can do to stop you unless you voluntarily choose to comply with us. So we're looking for a deal you'll accept".

danbongard.bsky.social•7 hours ago

/2 Remember, the person in charge of seeing that SCOTUS rulings are enforced... is Trump. The only real constraints he has are (a) people refusing to obey him and (b) impeachment, which is politically impossible unless Republican AND Democratic voters turn on him.

toner56.bsky.social•2 hours ago

SCOTUS could hold him in contempt, and then it’s a question of whether the US Marshals listen to SCOTUS or Trump

And if Trump that blatantly declares himself king, either the GOP will flip on him or all of this is pointless

mmorgenschoen.bsky.social•4 hours ago

this is not how trump rolls

joedudekjd.bsky.social•10 hours ago

SG sort of gestures at the All Writs Act. I think the only way to square this is as seeking a writ of mandamus. I'm deeply skeptical the government can satisfy that test and even more skeptical that SCOTUS wants to start down that path now.

wndlb.bsky.social•42 minutes ago

But see, https://bsky.app/profile/lawnerd.bsky.social/post/3lj5yzgb34226

isaacspeer.bsky.social•11 hours ago

How so?

samhalpert.bsky.social•11 hours ago

https://bsky.app/profile/samhalpert.bsky.social/post/3lj3prix6lc2k

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