“We must recognize the new landscape: our rights now require individual litigation to enforce. That path is costly, uneven, and deeply disruptive of equal protection under the law. The question before us is clear: whether we tolerate a regime where constitutional guarantees depend on filing a lawsuit—or whether we demand a legal framework where rights are real and enforceable, nationwide.”
Although I agree, I beg to differ on timeframe. The conservative court has been undermining the rule of law since the Bush V Gore decision. Then it gutted most the Civil Rights Act, and with Citizens United and several other rulings, they made corporations people too, and allowed unlimited money to corrupt our election process.
Furthermore, the highest court has been doing the work of the conservative movement in America, as they destroy our rights, by forcing us to suffer a slow, painful death, by a thousand judicial and legislative cuts (red states). All they needed in place was the their “anointed one,” and Trump came to their rescue.
We’ve watch them hand Trump an unconstitutional immunity clause, as well as slow roll two criminal investigations to make sure that Trump couldn’t be prosecuted before the election.
We saw SCOTUS deny Franny Willis the right to prosecute Trump (Atlanta election fraud) because she had an affair with a co-worker; since when is that a conflict of interest? It happens all the time.
We saw a corrupt federal judge (Cannon) dismiss Trump’s document case based on the unconstitutional immunity clause issue by SCOTUS; even though Trump stole our most sensitive and secret documents from the National Archives; refused to acknowledge he had them (lied), refused to give them back, and then forced the FBI to get a subpoena in order to retrieve them.
Since when does a former president get immunity for stealing documents and refusing to give them back? It’s a rhetorical question, no need to answer.
Bottom line: Anyone who thinks this is normal and that SCOTUS isn’t completely in the tank for Trump and under the thumb of Heritage and The Federalist Society is definitely suffering from “normalcy bias,” because this is a deliberate coup by SCOTUS to tip the scales of justice for the religious fascists hell bent on taking over our country, and turning it into a White Nationalist Christian Theocracy.
Moreover, when Biden was president, the same question in lawsuits was asked by Biden’s Solicitor General; for SCOTUS to rule on whether federal judges had the authority on freezing policies across the country.
For four years they refused to even consider the question; kicking the can down the road. And now that their guy is president, within five months they rule in his favor, when for four years all of Biden’s policies were stuck in LIMBO! Seriously?????
Additionally, Barrett had the audacity to claim that people can file class action lawsuits to rectify the problem, except the court has been gutting the ability for individuals to file of class action lawsuits for years:
AT&T Mobility LLC v. Concepcion (2011)
Wal-Mart Stores, Inc. v. Dukes (2011)
Comcast Corp. v. Behrend (2013)
Standard Fire Insurance Co. v. Knowles (2013)
Just to name a few of the cases.
And finally, what SCOTUS is actually doing is allowing Trump to start deportations of American born toddlers and their families, so it will become normalized and legitimized in the eyes of the people, so when they eventually rule, it won’t come as a shock to anyone. It’s classic shock doctrine!
This court is not the solution, they are the problem and without their nefarious rulings, Trump wouldn’t be president today! And anyone who thinks differently, needs to find a good therapist! IMHO…:)
Well put. But, since impeachment will not happen, is there an alternative? The world rushes toward climate catastrophe, nuclear winter may approach as tribalism grows, and we are forced to watch the dismantling of the enlightenment generated American Experiment. I am not wise enough to see a path out. Now that we have been entered here, need we abandon all hope?
I don’t see a path because Trump is gutting all of our agencies so they don’t function properly. This is part of the authoritarian playbook. Destroy the “corrupt” institutions and fire all the competent bureaucrats and technocrats, and replace them with unqualified sycophants.
For example, Trump gutted FEMA right before hurricane season, even reallocating most of their budget to ICE. They are even dismantling our The National Weather Service, denying them access to satellites so they can’t even do their job. So when a hurricane or natural disaster occurs it will sow confusion, and Trump will ultimately invoke a National Emergency to assume additional powers. He’ll deny blue states Natural disaster relief, and try to assert even more control of the states. Why don’t think they are testing the waters with National Guard troops and active military in California? It’s a test case for his national Executive Order allowing him to deploy troops anywhere in the country; both blue and red. He’s gearing up for a showdown!
Unfortunately, we’ve seen this movie before, and it doesn’t end well for anyone involved!…:)
This is the way it looks...I agree...tragic for this country to be torn the way we are headed...No one wants this...But HOW LONG can we abide this against all of our citizens??? Germans let it "ride" too long with Hitler...and I really think that this regime is as deadly to anyone who fights against this..Having the GOP in their pocket has divided us irreparably...No one wants this...BUT ......
We stand ready to be imprisoned by the effects of money and lies. The executive branch has imprisoned us. Congress has imprisoned us. SCOTUS has imprisoned us. We will continue to be imprisoned in an increasingly diminished confinement until we burn down the walls of this prison and fight with all of our strength to destroy this evil tide.
And though I failed to mention it, your brief essay was exceedingly well said, informative and instructive. This rot in which we are entrenched has been growing its roots for a very long time.
The treasonous Reagan with Irangate, where Bill Barr ended the investigation. Newt Gingrich was his henchman, along with several others who had authoritarian dreams of “a new world order”. The Federalist jumped in on the fray, and here we are today!!
Truth on all statements...Thank you...BUT HOW DO WE STOP THESE TRAITORS??? This is an excellent treatise of the actions already taken against OUR United States..I'm looking for a SPEEDIER OUTCOME...does it exist?? ( The right to a SPEEDY TRIAL..right?) I know ...first we have to get THEN there...Impeachment seems to be a slippery action at best...again Thank you for an elegant Treatise...
Protest followed closely by a well organized revolution! Having worked for several defense contractors I’m well aware of the millions spent on non-lethal weaponry, which side our military chooses to support is the only problem!!
Why would anyone want to come to the US in this political climate? In 1950, I immigrated as a ten-year old with my parents and brother. I'm happy that my parents are deceased, so they didn't have to witness the obliteration of the Constitution.
My wife and son just immigrated here two months ago (from Kenya) ......unfortunately they're having problems there too (see the reports of demonstrations yesterday) ...so neither is a good option, but one way or other, a "splendid retirement in Nairobi" is an option for me that I think about a lot.
I hope your wife and son will always be safe here, At 82 years I dream from time to time about going home to Scotland, but then I wake up and realize I have no family there now and I still love this country despite its problems and challenges.
I love this country dearly. The question is whether loving it from afar is a better option. Mostly I feel like staying here and fighting for it …a continuation of oaths taken… service performed. But sometimes rest beckons…..I appreciate the support I get here for continuing.
I continue fighting against this transnational criminal syndicate, but at some point know this country is destined to be seen only in my rear view mirror. Sla’inte to you and your family Michael, be safe!!
You’re on the money with Gore v Bush decision, considering that once the votes were tabulated Gore actually won. Citizens United, indeed spelled the death of our Republic Robert… many other decisions have followed the abhorrent insane decision. Voter rights one of the largest!!
Agreed, and look at the other decisions SCOTUS made last week, and this week.
They allowed North Carolina to deny Medicaid funds to Planned Parenthood, without addressing whether it’s legal or not; it’s illegal just like with birth right citizenship, yet they are ruling on procedural technicalities without having to address the actual legality of the issue.
Additionally, SCOTUS denied Planned Parenthood or individuals the right to sue the state; effectively shutting down Planned Parenthood since it gets 80% of its revenue from Medicaid. Expect every red state to follow suit. Planned Parenthood will be closing their doors very soon for good, even though 90% of the patients utilize PP as their primary provider, and seek other treatments, besides abortions.
SCOTUS is also allowing Trump to illegally deport immigrants to third countries; again, most likely unconstitutional, yet a procedural technicality without addressing the actual issue.
And it’s allowing religious parents to opt their kids out of any classes with gay content, opening the door for more religious interventions. Maybe they sue because the school teaches evolution and their religion says it’s blasphemous. Do the schools eventually stop teaching evolution because of lawsuits, threats and opposition to science and anything their religion doesn’t agree with?
We are becoming the American Taliban, and the court is killing abortion and all other rights, not be legal means, but through judicial processes and technicalities. They’ve essentially made Trump the Unitary Executive, he can now do anything he wants with impunity; constitutional or not!
I've always wondered why a Bible is used at the swearing in of a President-elect. Seems to me it would more appropriate that they place their left hand on a copy of the Constitution and raise their right hand. It's widely known, I believe, that President Trump did not place his left hand on the Bible while being sworn in for his second term (a term, I pray that our country will survive). Using the Constitution instead of the Bible would cement her/his oath of office. Not everyone may follow a faith tradition that is rooted in Judeo-Christian scriptures, but everyone should welcome and be comfortable with and faithful to following the Constitution. The Congress, the Supreme Court, and the Executive branches shouldn't have a problem with that. If someone does, then we elected or confirmed the wrong person. My two cents for what it's worth.
The ETHICS in this matter should've been obvious to all..YOU are Correct!! Obviously the felon has NO ethics...or at least they are aligned with his domineering ego...He is the center of his universe...and that's all that's ever mattered to him...going back to his childhood...as told by his niece Mary Trump...Our country did NOT come first ..."We the people" never mattered.
Well, it can't get much plainer than this. We thought we were in a runaway train without an engineer...? We're now on one with an engineer that has a God complex and is heading us for an Armageddon WITHOUT a brakeman!! Do you think any of the zombies in the House and Senate will wake from their stupor and actually rid us of this plague??
Unfortunately, much more than half. While some may be beholden to the devil that we can all see, others bow to their masters of money and while delivering 'strongly worded statements', fail to bring any real support to the fight.
Agreed, it’s more than half, and many of the democrats are just as bad as MAGA; it’s all about self preservation and raising money for these clowns. Winning elections and saving democracy, apparently, is just icing on the cake.
Moreover, Schumer and Jeffries are essentially useless invertebrates, and they definitely need to be put out to pasture. The reason why they continually do nothing is because they take money from the same douchebags as Trump and the republicans.
My fear is 2026 and beyond is that it will be anything but fair elections, or Trump may manufacture a crisis to invoke martial law and cancel the election. Who knows for sure, but nothing any one of us can imagine, is definitely not out of the question. Nothing would shock me at this point!
Sadly, we’re living in truly scaring times, and unfortunately, we are lacking not only good and essential leadership, but any leadership at all. IMHO…:)
I fear to say what it is going to take to turn back this evil tide, but it is going to have to be powerful, relentless and devoted to merciless justice.
Robert’s might as well have handed Trump the deed to 1 First Street. This is as abject a surrrender as I have ever seen an American court do and a critical signal for the unrivaled power of the executive branch. Roger Taney can finally rest: this court is the worst in history.
AG Pam Bondi: "Americans are finally getting what they voted for. No longer will we have rogue judges striking down President Trump's policies across the entire nation — NO LONGER! Today in the 6-3 opinion, Justice Barrett correctly holds that the district court lacks authority to enter nationwide or universal injunctions. These lawless injunctions gave relief to everyone in the world instead of the parties before the court. As the Supreme Court held today, they turned district courts into the imperial judiciary. Activist liberal justices and judges have used these injunctions to block virtually all of President Trump's policies. To put this in perspective, there are 94 federal judicial districts. Five of those districts throughout this country held 35 of the nationwide injunctions. Think about that. 94 districts, and 35 out of the 40 opinions with nationwide injunctions came from five liberal districts in this country. No longer."
SCOTUS was always controlled by the billionaire class, the Federalist Society, who positioned themselves to overturn the lower courts and DOJ, while ending Constitutional law and the Republic…Appears they’ve succeeded!!
“We must recognize the new landscape: our rights now require individual litigation to enforce. That path is costly, uneven, and deeply disruptive of equal protection under the law. The question before us is clear: whether we tolerate a regime where constitutional guarantees depend on filing a lawsuit—or whether we demand a legal framework where rights are real and enforceable, nationwide.”
Although I agree, I beg to differ on timeframe. The conservative court has been undermining the rule of law since the Bush V Gore decision. Then it gutted most the Civil Rights Act, and with Citizens United and several other rulings, they made corporations people too, and allowed unlimited money to corrupt our election process.
Furthermore, the highest court has been doing the work of the conservative movement in America, as they destroy our rights, by forcing us to suffer a slow, painful death, by a thousand judicial and legislative cuts (red states). All they needed in place was the their “anointed one,” and Trump came to their rescue.
We’ve watch them hand Trump an unconstitutional immunity clause, as well as slow roll two criminal investigations to make sure that Trump couldn’t be prosecuted before the election.
We saw SCOTUS deny Franny Willis the right to prosecute Trump (Atlanta election fraud) because she had an affair with a co-worker; since when is that a conflict of interest? It happens all the time.
We saw a corrupt federal judge (Cannon) dismiss Trump’s document case based on the unconstitutional immunity clause issue by SCOTUS; even though Trump stole our most sensitive and secret documents from the National Archives; refused to acknowledge he had them (lied), refused to give them back, and then forced the FBI to get a subpoena in order to retrieve them.
Since when does a former president get immunity for stealing documents and refusing to give them back? It’s a rhetorical question, no need to answer.
Bottom line: Anyone who thinks this is normal and that SCOTUS isn’t completely in the tank for Trump and under the thumb of Heritage and The Federalist Society is definitely suffering from “normalcy bias,” because this is a deliberate coup by SCOTUS to tip the scales of justice for the religious fascists hell bent on taking over our country, and turning it into a White Nationalist Christian Theocracy.
Moreover, when Biden was president, the same question in lawsuits was asked by Biden’s Solicitor General; for SCOTUS to rule on whether federal judges had the authority on freezing policies across the country.
For four years they refused to even consider the question; kicking the can down the road. And now that their guy is president, within five months they rule in his favor, when for four years all of Biden’s policies were stuck in LIMBO! Seriously?????
Additionally, Barrett had the audacity to claim that people can file class action lawsuits to rectify the problem, except the court has been gutting the ability for individuals to file of class action lawsuits for years:
AT&T Mobility LLC v. Concepcion (2011)
Wal-Mart Stores, Inc. v. Dukes (2011)
Comcast Corp. v. Behrend (2013)
Standard Fire Insurance Co. v. Knowles (2013)
Just to name a few of the cases.
And finally, what SCOTUS is actually doing is allowing Trump to start deportations of American born toddlers and their families, so it will become normalized and legitimized in the eyes of the people, so when they eventually rule, it won’t come as a shock to anyone. It’s classic shock doctrine!
This court is not the solution, they are the problem and without their nefarious rulings, Trump wouldn’t be president today! And anyone who thinks differently, needs to find a good therapist! IMHO…:)
Well put. But, since impeachment will not happen, is there an alternative? The world rushes toward climate catastrophe, nuclear winter may approach as tribalism grows, and we are forced to watch the dismantling of the enlightenment generated American Experiment. I am not wise enough to see a path out. Now that we have been entered here, need we abandon all hope?
I don’t see a path because Trump is gutting all of our agencies so they don’t function properly. This is part of the authoritarian playbook. Destroy the “corrupt” institutions and fire all the competent bureaucrats and technocrats, and replace them with unqualified sycophants.
For example, Trump gutted FEMA right before hurricane season, even reallocating most of their budget to ICE. They are even dismantling our The National Weather Service, denying them access to satellites so they can’t even do their job. So when a hurricane or natural disaster occurs it will sow confusion, and Trump will ultimately invoke a National Emergency to assume additional powers. He’ll deny blue states Natural disaster relief, and try to assert even more control of the states. Why don’t think they are testing the waters with National Guard troops and active military in California? It’s a test case for his national Executive Order allowing him to deploy troops anywhere in the country; both blue and red. He’s gearing up for a showdown!
Unfortunately, we’ve seen this movie before, and it doesn’t end well for anyone involved!…:)
A well organized revolution is all I can imagine will end this insanity Stuart!!
This is the way it looks...I agree...tragic for this country to be torn the way we are headed...No one wants this...But HOW LONG can we abide this against all of our citizens??? Germans let it "ride" too long with Hitler...and I really think that this regime is as deadly to anyone who fights against this..Having the GOP in their pocket has divided us irreparably...No one wants this...BUT ......
Jefferson professed the need for revolution, knowing greed would eventually lead to the demise of our republic!!
We stand ready to be imprisoned by the effects of money and lies. The executive branch has imprisoned us. Congress has imprisoned us. SCOTUS has imprisoned us. We will continue to be imprisoned in an increasingly diminished confinement until we burn down the walls of this prison and fight with all of our strength to destroy this evil tide.
Well said!…:)
And though I failed to mention it, your brief essay was exceedingly well said, informative and instructive. This rot in which we are entrenched has been growing its roots for a very long time.
Thank you…:)
The treasonous Reagan with Irangate, where Bill Barr ended the investigation. Newt Gingrich was his henchman, along with several others who had authoritarian dreams of “a new world order”. The Federalist jumped in on the fray, and here we are today!!
True - us frogs have been cooking in this pot for decades.
Damn straight SPI!!
This SPI!! The billionaire class, with a complicit SCOTUS, has burned down our Republic!!
Truth on all statements...Thank you...BUT HOW DO WE STOP THESE TRAITORS??? This is an excellent treatise of the actions already taken against OUR United States..I'm looking for a SPEEDIER OUTCOME...does it exist?? ( The right to a SPEEDY TRIAL..right?) I know ...first we have to get THEN there...Impeachment seems to be a slippery action at best...again Thank you for an elegant Treatise...
Protest followed closely by a well organized revolution! Having worked for several defense contractors I’m well aware of the millions spent on non-lethal weaponry, which side our military chooses to support is the only problem!!
Why would anyone want to come to the US in this political climate? In 1950, I immigrated as a ten-year old with my parents and brother. I'm happy that my parents are deceased, so they didn't have to witness the obliteration of the Constitution.
My wife and son just immigrated here two months ago (from Kenya) ......unfortunately they're having problems there too (see the reports of demonstrations yesterday) ...so neither is a good option, but one way or other, a "splendid retirement in Nairobi" is an option for me that I think about a lot.
I hope your wife and son will always be safe here, At 82 years I dream from time to time about going home to Scotland, but then I wake up and realize I have no family there now and I still love this country despite its problems and challenges.
I love this country dearly. The question is whether loving it from afar is a better option. Mostly I feel like staying here and fighting for it …a continuation of oaths taken… service performed. But sometimes rest beckons…..I appreciate the support I get here for continuing.
KEEP YOUR FAMILY SAFE!!! That comes first...
I continue fighting against this transnational criminal syndicate, but at some point know this country is destined to be seen only in my rear view mirror. Sla’inte to you and your family Michael, be safe!!
Ahh, Michael, This is heartbreaking!! I do hope you can ALL be safe!!! My love to all of you!!
Agreed…:)
You’re on the money with Gore v Bush decision, considering that once the votes were tabulated Gore actually won. Citizens United, indeed spelled the death of our Republic Robert… many other decisions have followed the abhorrent insane decision. Voter rights one of the largest!!
Agreed, and look at the other decisions SCOTUS made last week, and this week.
They allowed North Carolina to deny Medicaid funds to Planned Parenthood, without addressing whether it’s legal or not; it’s illegal just like with birth right citizenship, yet they are ruling on procedural technicalities without having to address the actual legality of the issue.
Additionally, SCOTUS denied Planned Parenthood or individuals the right to sue the state; effectively shutting down Planned Parenthood since it gets 80% of its revenue from Medicaid. Expect every red state to follow suit. Planned Parenthood will be closing their doors very soon for good, even though 90% of the patients utilize PP as their primary provider, and seek other treatments, besides abortions.
SCOTUS is also allowing Trump to illegally deport immigrants to third countries; again, most likely unconstitutional, yet a procedural technicality without addressing the actual issue.
And it’s allowing religious parents to opt their kids out of any classes with gay content, opening the door for more religious interventions. Maybe they sue because the school teaches evolution and their religion says it’s blasphemous. Do the schools eventually stop teaching evolution because of lawsuits, threats and opposition to science and anything their religion doesn’t agree with?
We are becoming the American Taliban, and the court is killing abortion and all other rights, not be legal means, but through judicial processes and technicalities. They’ve essentially made Trump the Unitary Executive, he can now do anything he wants with impunity; constitutional or not!
I've always wondered why a Bible is used at the swearing in of a President-elect. Seems to me it would more appropriate that they place their left hand on a copy of the Constitution and raise their right hand. It's widely known, I believe, that President Trump did not place his left hand on the Bible while being sworn in for his second term (a term, I pray that our country will survive). Using the Constitution instead of the Bible would cement her/his oath of office. Not everyone may follow a faith tradition that is rooted in Judeo-Christian scriptures, but everyone should welcome and be comfortable with and faithful to following the Constitution. The Congress, the Supreme Court, and the Executive branches shouldn't have a problem with that. If someone does, then we elected or confirmed the wrong person. My two cents for what it's worth.
The ETHICS in this matter should've been obvious to all..YOU are Correct!! Obviously the felon has NO ethics...or at least they are aligned with his domineering ego...He is the center of his universe...and that's all that's ever mattered to him...going back to his childhood...as told by his niece Mary Trump...Our country did NOT come first ..."We the people" never mattered.
Well, it can't get much plainer than this. We thought we were in a runaway train without an engineer...? We're now on one with an engineer that has a God complex and is heading us for an Armageddon WITHOUT a brakeman!! Do you think any of the zombies in the House and Senate will wake from their stupor and actually rid us of this plague??
Half of Congress is the plague…:)
Unfortunately, much more than half. While some may be beholden to the devil that we can all see, others bow to their masters of money and while delivering 'strongly worded statements', fail to bring any real support to the fight.
Agreed, it’s more than half, and many of the democrats are just as bad as MAGA; it’s all about self preservation and raising money for these clowns. Winning elections and saving democracy, apparently, is just icing on the cake.
Moreover, Schumer and Jeffries are essentially useless invertebrates, and they definitely need to be put out to pasture. The reason why they continually do nothing is because they take money from the same douchebags as Trump and the republicans.
My fear is 2026 and beyond is that it will be anything but fair elections, or Trump may manufacture a crisis to invoke martial law and cancel the election. Who knows for sure, but nothing any one of us can imagine, is definitely not out of the question. Nothing would shock me at this point!
Sadly, we’re living in truly scaring times, and unfortunately, we are lacking not only good and essential leadership, but any leadership at all. IMHO…:)
I fear to say what it is going to take to turn back this evil tide, but it is going to have to be powerful, relentless and devoted to merciless justice.
From your mouth to gods ears…:)
Probably not. Our short-term hope lies in the mid-term elections. Our longer-term hope lies in the Democratic getting its act together.
Dubious K!!
Robert’s might as well have handed Trump the deed to 1 First Street. This is as abject a surrrender as I have ever seen an American court do and a critical signal for the unrivaled power of the executive branch. Roger Taney can finally rest: this court is the worst in history.
Sotomoyer
It reminds me of the slavery issue that divided our nation. “Jim Crow” laws have returned!
The majority of the Supreme Court is inventive to find ways of avoiding the rules of the Constitution. Sad.
The Federalist Society is proud Zsolt!!
This is another reason not to be happy, Patrick
AG Pam Bondi: "Americans are finally getting what they voted for. No longer will we have rogue judges striking down President Trump's policies across the entire nation — NO LONGER! Today in the 6-3 opinion, Justice Barrett correctly holds that the district court lacks authority to enter nationwide or universal injunctions. These lawless injunctions gave relief to everyone in the world instead of the parties before the court. As the Supreme Court held today, they turned district courts into the imperial judiciary. Activist liberal justices and judges have used these injunctions to block virtually all of President Trump's policies. To put this in perspective, there are 94 federal judicial districts. Five of those districts throughout this country held 35 of the nationwide injunctions. Think about that. 94 districts, and 35 out of the 40 opinions with nationwide injunctions came from five liberal districts in this country. No longer."
Supreme Court is corrupt!
Sotomayer is hoping for trouble?!😈
This is an awful situation to be in.
Every American needs to hear this! This is an appropriation of the courts that strongly diminishes United progressive advancement in America.
SCOTUS was always controlled by the billionaire class, the Federalist Society, who positioned themselves to overturn the lower courts and DOJ, while ending Constitutional law and the Republic…Appears they’ve succeeded!!
https://open.substack.com/pub/thepantheonofficial/p/juridical-treason?r=2suovs&utm_medium=ios