Supreme Court

'Patently insufficient': Justice Jackson hammers 'botched' pro-Trump ruling

In a dissent included in an unsigned order released by the Supreme Court on Friday, Justice Ketanji Brown Jackson scolded her colleagues for not giving enough serious consideration to all parties involved in an emergency appeal from Donald Trump's Department of Justice.

As the New York Times reported, the majority ruled in favor of the president by revoking a policy put in place under former President Joe Biden that is allowing more than 500,000 immigrants to stay in the U.S. temporarily on humanitarian grounds.

The ruling means immigrants from Cuba, Nicaragua, Venezuela and Haiti now face the threat of being swiftly deported while their individual cases are still under review in the U.S.

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The court wrote an "order entered by the United States District Court for the District of Massachusetts ... is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically."

That earned a scathing response from Justice Brown Jackson that the majority had screwed up.

"The Court has plainly botched this assessment today," she wrote. "It requires next to nothing from the Government with respect to irreparable harm. And it undervalues the devastating consequences of allowing the Government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending."

She advised, "Even if the Government is likely to win on the merits, in our legal system, success takes time and the stay standards require more than anticipated victory. I would have denied the Government’s application because its harm-related showing is patently insufficient. The balance of the equities also weighs heavily in respondents’ favor."

"While it is apparent that the Government seeks a stay to enable it to inflict maximum predecision damage, court-ordered stays exist to minimize — not maximize — harm to litigating parties," she asserted.

You can read the filing here.

Legal expert shows how GOP Supreme Court justices are like a 'Mean Girls' clique

University of Michigan Law School Professor Leah Litman spoke to Mehdi Hasan on Thursday about her new book, which details the way that conservatives on the Supreme Court have "embraced" "unabashed lawlessness."

The book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, uses a lot of pop culture references to make complex legal matters more straightforward for non-lawyers.

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Analysis exposes dark message sent by Supreme Court’s 'radical' judicial actions

The U.S. Supreme Court “has undermined lower courts” and “effectively allowed the president to neutralize some of the last remaining sites of independent expertise and authority inside the executive branch,” University of Pennsylvania law professor Kate Shaw warns. And doing so could have a catastrophic impact of the rule of law in the country.

Shaw, writing for the New York Times, discussed a recent decision by the Supreme Court to “stay” rulings from the U.S. District Courts and the full D.C. Circuit. That ruling permitted President Donald Trump to fire high-level officials — a move previously considered “unlawful under existing precedent.”

Shaw in her essay argues against the “unitary executive theory” and its proponents’ “singular fixation on the president’s power to fire — a power the Constitution doesn’t expressly give the president.”

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“Even if you disagree — even if you think that Article II’s grant of ‘the executive power’ to the president includes the power to fire at will any high-level official in the executive branch — the court’s disposition of the case sends a profoundly dangerous message to the White House,” Shaw warns. “…Handing the president a win here suggests that the administration did not need to abide by Congress’s statutes or the Supreme Court’s rulings as it sought to change legal understandings.”

“This decision risks emboldening the administration further to act outside of our traditional constitutional order,” she adds.

Shaw writes:

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Supreme Court 'directly communicated' profane response to Stephen Miller: lawyer

Donald Trump's White House Deputy Chief of Staff Stephen Miller got a "direct" message from seven of nine Supreme Court justices, a former federal prosecutor said Saturday.

Ex-prosecutor Glenn Kirschner over the weekend published a video entitled, "The Supreme Court AGAIN Tells Trump NO UNCONSTITUTIONAL DEPORTATIONS Of Venezuelan Immigrants," in which the legal analyst highlighted a pattern in which at least seven Supreme Court justices have been standing up to the president.

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​'Prepared to strike': Ex-prosecutor says the Supreme Court set a trap for Trump

The Supreme Court might just be giving Donald Trump enough rope to hang himself in a court of law, an ex-prosecutor said on Saturday.

Former federal prosecutor Joyce Vance over the weekend weighed in on the Supreme Court's recent hearing in a case involving a controversial law used to deport immigrants without due process.

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'Unhinged': Spy chief alerted as Trump seen 'threatening Supreme Court justices'

"Trump is now threatening Supreme Court justices who ruled against him," Democratic influencer Harry Sisson said on Saturday.

That is just one of the notable people who over the weekend accused the president of lobbing indirect threats at the members of the mostly conservative Supreme Court, many of whom Trump himself appointed.

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Trump shares ally's plan to 'release terrorists near homes of Supreme Court justices'

Donald Trump has been lashing out at the Supreme Court since it handed him a loss on the issue of immigration, and on Saturday he went as far as to distribute a MAGA lawyer's plan to "release 'terrorists' near the homes of Supreme Court justices."

Former GOP staffer Mike Davis has made headlines for his social media comments in the past, and was rumored to be on Trump's list for attorney general. Recently, he posted a plan to get back at the Supreme Court justices for not ruling in line with MAGA.

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Expert gives tips on dealing with Supreme Court thrown into a 'conspiracy-laden universe'

The Supreme Court is “captured by far-right conspiracy theories,” according to law professor Leah Litman. She sat down with Salon, breaking down what she thinks is breaking the high court.

“The Supreme Court has been running on these fast and loose characterizations of the facts for a while,” Litman said. “We all can have a good laugh at the idea that "Uncle Bobby's Wedding" is a personal attack on people who don't believe in marriage equality. But the uncomfortable reality is that a conspiracy theory-laden universe is in full swing at the Supreme Court.”

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'The Supreme Court is being played!' Trump claims top justices being 'intimidated' by Dems

President Donald Trump doubled down on his displeasure with the Supreme Court Friday morning.

“THE SUPREME COURT IS BEING PLAYED BY THE RADICAL LEFT LOSERS, WHO HAVE NO SUPPORT, THE PUBLIC HATES THEM, AND THEIR ONLY HOPE IS THE INTIMIDATION OF THE COURT, ITSELF. WE CAN’T LET THAT HAPPEN TO OUR COUNTRY!” The President posted on Truth Social.

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Amy Coney Barrett is 'validating' hints she has 'left the Trump side': analyst

Reacting to conservative Justice Amy Coney Barrett jumping in and siding with liberal Justice Elena Kagan during a hearing on birthright citizenship, a CNN analyst noted her tendency of late to deviate from the policies of the man who gave her a lifetime appointment to the Supreme Court.

Sitting on a panel with host Audie Cornish, CNN analyst Edward-Isaac Dovere sat and listened to clips of Coney Barrett grilling Donald Trump's Solicitor General John Sauer about the president's executive order which is at the heart of the historic legal case.

Following the clip, host Cornish asked, "I'm going to translate a little. There's been this conversation about whether there can be kind of class action lawsuits, and that's the way people can get relief rather than going to a judge in any particular state. But it's the tone, right? Let's pretend we don't know the words, but the tone of her jumping in and saying, are you really going to do that? What did you hear in these moments?"

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"I would say that from years of watching or listening to supreme court proceedings and trying to guess where they're going, we should all learn that," Dovere offered. "It's a tricky game."

"Amy Coney Barrett was put on the Supreme Court by Donald Trump," he reminded the panel. "She is a has a pretty strong record of voting in the way that one would expect a Trump nominee to vote. On decisions she has diverged a little bit, but not in this way that gets her –– that seems to me to validate this idea that she has completely left the Trump side."

You can watch below or at the link here.

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'Traitor among us': Coney Barrett infuriates Trump's fans by backing Kagan at hearing

Supreme Court Justice Amy Coney Barrett set off a firestorm among conservatives on Thursday morning after she admonished Donald Trump's solicitor general for ducking questions from colleague Justice Elana Kagan.

During the oral arguments over birthright citizenship, Kagan pressed Solicitor General D. John Sauer to make the case for Trump's executive order and shot down one answer by telling the attorney, "I mean, that's a lot of words and I don't have an answer for if one thinks — and, you know, look, there are all kinds of abuses of nationwide injunctions. But I think that the question that this case presents is that if one thinks that, it's quite clear that the [executive order] is illegal, how does one get to that result?"

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'Ignoring my question': Supreme Court Justices tear into Trump's DOJ lawyer

Solicitor General D. John Sauer was placed under fire from Supreme Court Justices Sonya Sotomayor and Elena Kagan at the so-called “birthright citizenship” hearing.

“You said to us we'd have to wait until there was a final judgment,” Sotomayor said. “You're not sure you would respect the judgment of every circuit. You're not sure that you would respect even a final judgment of the Supreme Court.”

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'Trump has given away the game': Attorney says president's new move reveals his true goal​

Donald Trump's true intentions have been revealed when it comes to his immigration policies, a former federal prosecutor has said.

Ex-prosecutor Joyce Vance, who frequently comments on the president and his legal matters, weighed in ahead of a Supreme Court hearing connected to the Trump administration's attempt to roll back the notion of birthright citizenship.

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