I sure do not have any trust or confidence in John Roberts. And the decision today to stop the deportations to El Salvador is temporary and did not address the spurious use of the Alien Enemies Act against immigrants, or the constitutionality of sending deportees to a prison. Roberts has shown his willingness to ignore the intent of the Constitution in Citizens United, in Trump v US, giving Trump immunity in an unusually broad and vague definition of "official acts," and in Roe V Wade.
The court dance now is will Trump defy SCOTUS, or will Roberts twist himself into an over salted pretzel to avoid that showdown.
Meanwhile Trump et al continue in their cruel and destructive path in the manner of the mobsters they actually are.
Marc, I share your sense of emergency. The core issue, as the appeals court said, is due process, otherwise known as habeas corpus-- the principle that government cannot deprives a person of liberty without due process. The quicker the crisis rel join the three liberal justices to restore democratic and constitutional order. (A quibble: you write that one of the two must have joined the decision to hear (certiori) the case on birthright citizenships. That is not necessarily the case. The four agreeing to give certiori could have been Thomas, Alito, Kavanaugh and Gorsuch--who have emerged as inconditional supporters of Trump authoritarianism.)
I would not put Coney Barrett and Roberts in that camp. Both show they rule on the constitution and law and reason from principle, Coney Barrett more so than Roberts.
Either way, the issue will be decided on the issue of due process. If 5 justices repudiate Trumps violation of due process (probably in the Abregu Garcia case) I expect Trump to ignore the court's ruling. In other words, whatever the court rules, we are finally and undisputably in the wilderness of unconstitutional rule by Trump. As Brooks says in the piece you linked to, all the antiauthoritarian forces must unite around the consititutional crisis. To paraphrase the Ragin Cagin, IT'S DUE PROCESS, STUPID!
Agreed. The showdown with SCOTUS is existential. My fear is that if Trump loses, he will ignore the court, and he will use it as a scapegoat it. As the deep state. And will openly rule in a dictatorial manner. I am hoping I’m wrong, but I cannot convince myself otherwise.
It takes guts to shoot so straight right now. I appreciate that that’s what you’re doing. Fire away.
Great post.
I sure do not have any trust or confidence in John Roberts. And the decision today to stop the deportations to El Salvador is temporary and did not address the spurious use of the Alien Enemies Act against immigrants, or the constitutionality of sending deportees to a prison. Roberts has shown his willingness to ignore the intent of the Constitution in Citizens United, in Trump v US, giving Trump immunity in an unusually broad and vague definition of "official acts," and in Roe V Wade.
The court dance now is will Trump defy SCOTUS, or will Roberts twist himself into an over salted pretzel to avoid that showdown.
Meanwhile Trump et al continue in their cruel and destructive path in the manner of the mobsters they actually are.
Marc, I share your sense of emergency. The core issue, as the appeals court said, is due process, otherwise known as habeas corpus-- the principle that government cannot deprives a person of liberty without due process. The quicker the crisis rel join the three liberal justices to restore democratic and constitutional order. (A quibble: you write that one of the two must have joined the decision to hear (certiori) the case on birthright citizenships. That is not necessarily the case. The four agreeing to give certiori could have been Thomas, Alito, Kavanaugh and Gorsuch--who have emerged as inconditional supporters of Trump authoritarianism.)
I would not put Coney Barrett and Roberts in that camp. Both show they rule on the constitution and law and reason from principle, Coney Barrett more so than Roberts.
Either way, the issue will be decided on the issue of due process. If 5 justices repudiate Trumps violation of due process (probably in the Abregu Garcia case) I expect Trump to ignore the court's ruling. In other words, whatever the court rules, we are finally and undisputably in the wilderness of unconstitutional rule by Trump. As Brooks says in the piece you linked to, all the antiauthoritarian forces must unite around the consititutional crisis. To paraphrase the Ragin Cagin, IT'S DUE PROCESS, STUPID!
Agreed. The showdown with SCOTUS is existential. My fear is that if Trump loses, he will ignore the court, and he will use it as a scapegoat it. As the deep state. And will openly rule in a dictatorial manner. I am hoping I’m wrong, but I cannot convince myself otherwise.