Important statistics. But questionable claim that SCOTUS isn’t willing to defend the rule of law. - ThreadSky

cbhessick.bsky.social • 36 days ago

Important statistics. But questionable claim that SCOTUS isn’t willing to defend the rule of law.

Stunning. May was brutal for Trump in federal court: 96% loss rate ⚖️. Even GOP-appointed judges have ruled against the admin 72% of the time. District courts are doing their job defending the Constitution. Soon the Supreme Court may be the only court unwilling to defend the rule of law.

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anaphoristand.bsky.social•36 days ago

It's hard to view increasingly consolidating power in a criminally immune unitary executive at this particular constitutional moment as in any way squaring with a (not hopelessly myopic) commitment to defending the rule of law.

chiefinsimi.bsky.social•36 days ago

An insurrectionist is president with king like immunity… and now there’s a special carve out for the fed being the only agency the president can’t destroy… percolation is one thing but the political thicket has overgrown the judiciary

penguinonepal.bsky.social•36 days ago

It’s questionable since “defending the rule of law” isn’t a self-defining term, sure, but it’s far from clear that “no AEA + no birthright citizenship EO” is the minimum quantum necessary—allowing the trans military ban, TPS cancellation, and shadow killing Humphrey’s could be plausibly inconsistent

alexanderwinn.bsky.social•36 days ago

Rule of law just means heads of multi member commissions don't get fired for the Bluesky peanut gallery, renditions to El Salvador being unimportant in assessing the claim whether SCOTUS is unwilling. The commentary here would be considerably better if it wasn't so reactive.

alexanderwinn.bsky.social•36 days ago

This is not a criticism of you to be clear.

churchlady320.bsky.social•36 days ago

SCOTUS gave him his first and only win yesterday. In the 5 cases they got, they ruled against him 5 times. They are not letting him walk on these big issues. Nobody gets the immunity ruling which was very limited in scope.

winstonsmith2024.bsky.social•36 days ago

I disagree. With the exception of defending the rights of the judiciary to protect fundamental rights, the Supreme Court has taken a very broad view of the President's powers over both the Executive branch and Congress.

And saying the Immunity ruling is very limited in scope is not accurate, IMO.

churchlady320.bsky.social•36 days ago

No, judges have not. And immunity for "official acts" is up to SCOTUS to determine what is, is not "official". HUGE limitation. This is the percent of rulings AGAINST him by month.

winstonsmith2024.bsky.social•36 days ago

I think you are limiting your argument to a subset of Presidential actions. Most of the above rulings do not concern areas of "core Constitutional powers" unless you accept the administration's argument that transferring deportees to a foreign country involves matters of national security.

winstonsmith2024.bsky.social•36 days ago

The ruling yesterday, from the shadow docket, refusing to reinstate the Heads of two independent federal agencies that Trump just fired, certainly suggests the Court is still willing to give the President a wide degree of latitude--unless it conflicts with the prerogatives of the judiciary.

churchlady320.bsky.social•36 days ago

You do know, I hope, that the shadow docket is often not en banc. Do you know who wrote this decision because I'll lay odds it was 1 or more of the four who have favored him in many things in dissenting opinions. It's a pernicious aspect of the court. Does not reflect major case rulings.

churchlady320.bsky.social•36 days ago

That was his one victory. In 5 major cases they ruled against him 5 times. So sure - he's WINNING!!! Last week in a case not about his EOs, 9-0 SCOTUS ruled citizens can sue cops, context MATTERS as part of the case. That stopped Trump's pledge to give cops unlimited immunity. He is NOT winning.

churchlady320.bsky.social•36 days ago

I realize you instruct in law, but I have worked w federal courts. Knowing process as a subject expert on fed cases opened my eyes to how they make the sausage.

churchlady320.bsky.social•36 days ago

ALL the immigration issues are still in play. Nothing has been finalized. If you think the only way America wins is "one and done" decisions, you do not understand history, law, or politics very well.

rosscoleman.bsky.social•36 days ago

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