1mo ago

Supreme Court avoids confronting Trump so far, even when it rules against him

www.nbcnews.com

Summary

When the Supreme Court last year wrestled with whether to grant then-former President Donald Trump broad immunity from prosecution, Justice Neil Gorsuch stressed the ruling was “for the ages.”

The court, with a 6-3 conservative majority, has ruled for Trump in half of six emergency applications, without rebuking the administration’s conduct.

Justice Sonia Sotomayor wrote, “The government’s conduct in this litigation poses an extraordinary threat to the rule of law.”

Professor Leah Litman said justices are influenced by “conservative grievance.”

20 comments

Scared to death... 🤷‍♂️ 🤷‍♂️
If SCROTUS pushes too far and Mafia Don Mangolini decides to blatantly defy them, SCROTUS knows they've no real response other than escalating threats. No physical enforcement mechanism.
Congress abdicated its duties. Judicial as impotent as Chump's little mushroom.
We (and what remains of US democracy) are fucked.
🙄 🖕 🖕
- What if the court tries doing things the right and lawful way, fails, and then says "fuck it, rule of law is obviously dead, so here's a hail mary" and appeals to citizens at large to enforce it, promising immunity to those who act?
  
  That will never happen.
  
  Well not with that attitude
- They have an enforcement mechanism, but it has never been used against the executive and could lead to a lot of death.
  
  [citation needed]
  
  https://www.federalrulesofcivilprocedure.org/frcp/title-ii/rule-4-1-serving-other-process/
  
  I think we may have to agree to disagree, but I don't think having the Marshal Service, which is run by the Executive, issue them a subpoena is what I would call an "enforcement mechanism" that could "lead to a lot of death." It is nothing more than something for the Executive to tell the Marshals to ignore and barring that, for the Executive to ignore itself. There is no "enforcement" here. Judicial has recourse against you and me (it can have the Marshals jail us for contempt - unless we are under the protection of the Executive), but not against the Executive. The only recourse against the Executive is impeachment and conviction from Congress. End of story.
  
  If the Marshals refuse to do their job, judges can deputize anyone for that purpose.

20 comments