As the supreme court upends precedent again and again, the liberal justices reveal the divisions within the legal body
As the supreme court upends precedent again and again, the liberal justices reveal the divisions within the legal body
On Friday, Justice Sonia Sotomayor delivered an acidic sermon against the court’s 6-3 decision to end lower courts’ practice of issuing nationwide injunctions to block federal executive orders, reading her dissent directly from the bench in a move meant to highlight its importance.
“No right is safe in the new legal regime the Court creates,” states Sotomayor’s dissent, joined by Justices Elena Kagan and Ketanji Brown-Jackson. “Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law abiding citizens or prevent people of certain faiths from gathering to worship.”
“No right is safe in the new legal regime the Court creates,” states Sotomayor’s dissent, joined by Justices Elena Kagan and Ketanji Brown-Jackson. “Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law abiding citizens or prevent people of certain faiths from gathering to worship.”
"Yeah, that's kinda the plan. Been going pretty smoothly so far."
One thing I have observed about my fellow Usonians is that we all seem to have this strange, misplaced trust that eventually, ONE of our previous institutions will save us.
People crow about how the 2nd amendment will be what helps us prevent tyranny, but also seem to completely gloss over the fact that our police and military operate on an entirely different power level than citizens do. I have watched the US military terrorize people in Afghanistan and Pakistan for 20 years. Why do we think we would do any better against it?
Its the dying gasp of American Exceptionalism, at this point.
Ultra right wing types? My guns will save me!
No they fucking won't, not if big daddy government decides to fuck you specifically, they have more people, more ammo, more guns, armored personel carriers and astonishingly better intel than you do.
Liberals? The law will function and stop this! The system will hold!
Ahem, obviously false.
Both of these are ultimately aspects of American society that are drilled into our heads as being exceptional, unique, and basically better than anywhere else on Earth.
Again, obviously false, in its totality, as basically every aspect of that system is now totally unravelling.
We are not facing a crisis, as if its in the future tense.
We have been in the crisis since Jan 6th....
Our entire legal system is now utterly arbitrary.
This ruling means that Trump can issue an EO to break any law, and no judge can immediately order it stop.... it all has to be drawn out in court for years, by which time, the Executive Branch will just have done whatever the fuck it wanted to.
Even if a case is won after some time... and concludes that agents of the Executive Branch did actually break laws, Trump can pardon all of them instantly.
Trump has just effectively done a line item veto on the 14th Amendment.
He can now do that with any other Amendment or law as well.
Because they act like being a citizen who owns firearms means that you have an entire gun shed like Arnold Schwarzenegger from Commando. They don't understand that a good chunk of people probably have no business owning the one handgun they do own, would probably find a way to aim at the ground and still miss, and would probably piss themselves if they had to actually raise their gun against another human being. And these are the people who would be going up against people who have bigger weapons, better training, years of experience, body armor, and probably several other officers covering their backs.
They think that a citizen with the minimum amount of training needed to get a license going against a law enforcement or military soldier is in any way close to a fair fight. They think that if one day the Trump administration comes for them, they'll be able to arm up and defend their homes, as if law enforcement will eventually give up like it's GTA5 and their wanted level ran out.
They act like law enforcement and the US military won't follow an "illegal" order. They'll refuse to raise arms against their own citizens. Of course, they ignore decades of systemic racism. A law-enforcement and military culture that traditionally skews hard right. A police system where they insist that military equipment and SWAT-style raids are necessary for every bust right down to local street dealers, and seeing half a dozen cops pulled over even for simple traffic stops. Never mind the ones that would go along because the person who gave the order is also the person who gets to decide what is and isn't legal, and they're trying to avoid being jailed themselves. But they don't understand that not only is a sizeable portion of our military willing to follow illegal orders, they're chomping at the bit waiting for the opportunity to flex their muscles and go full COD on as many brown people as possible with the blessing of the US government. It's not a moral dilema to them. It's a wet dream.
And some of them are dumb enough to believe that the "doomsday preppers" will stand up and defend us, because this is the exact situation they've been prepping for! They don't understand that the preppers are MAGA themselves. If anything, most of the 2A gun nuts that are armed to the teeth would be more likely to gleefully join the Trump administration than stand up to them. And even if there is a doomsday prepper that actually isn't MAGA, they'd simply be overwhelmed by a military raid who would just seize the weapons and leave what's left of him as a splattermark on the walls wherever the bullets splattered his brain.
It wouldn't be a fair fight or anything close to it.
The US military lost against the resistance in Vietnam, in Iraq, in Afghanistan...
There is no way they would win against a properly organized resistance in the US either.
Problem is people thinking that the guns themselves would safe them from Tyranny, when it is using the guns against the tyrants that is protecting them.
I can't tell if the majority expects there to never be another democrat president or if they just haven't thought that far ahead. It probably varies from one to the next.
The dissent doesn't "reveal concerns." Justices Kagan, Jackson, and Sotomayor have been very vocal about these issues for months, since last summer at least. I wish the news would stop with this limpdick rhetoric. We are in a fucking crisis, act like it
“Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law abiding citizens or prevent people of certain faiths from gathering to worship.”
I genuinely feel bad for Justice Jackson. She is competent and thoughtful, and appears to appreciate how consequential the Supreme Court can be. She was an actual successful lawyer. I think she went into this expecting to make a difference, and, instead, we have the Roberts Court.
Feels a lot like being assigned to your bully for a class project. They're not only gonna make you do all the work, they're gonna make you feel like shit while doing it.
Can we just skip all of this? We know what the republicans want. There’s no compromise anymore. The feckless Democrats have done nothing but capitulate. It’s never enough. It will never be enough. So why the fuck are we still pretending? What are we doing here?