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Tag Archives: U.S. Supreme Court

Yeah, that guy

27 Friday Jun 2025

Posted by Michael Bersin in social media

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Tags

14th Amendment, Fascist pigs, social media, Trump, U.S. Supreme Court

Donald J. Trump @realDonaldTrump

GIANT WIN in the United States Supreme Court! Even the Birthright Citizenship Hoax has been, indirectly, hit hard. It had to do with the babies of slaves (same year!), not the SCAMMING of our Immigration process. Congratulations to Attorney General Pam Bondi, Solicitor General John Sauer, and the entire DOJ. News Conference at the White House, 11:30 A.M. EST.

9.18k ReTruths 39k Likes Jun 27, 2025, 9:52 AM

Previously:

Mike Pence (r) – servile sycophant (October 30, 2018)

Your papers (November 10, 2024)

Eric Schmitt (r), Fascist toady (January 22, 2025)

U.S. Supreme Court: Fascism is Un-American, Samuel Alito and Clarence Thomas Dissent

17 Saturday May 2025

Posted by Michael Bersin in social media

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AARP v Trump, Clarence Thomas, Donald Trump, due process, Fascist pig, Samuel Alito, social media, U.S. Supreme Court

“….The detainees’ interests at stake are accordingly particularly weighty. Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster….”

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check. Conviction. Check.

Yesterday, Donald Trump (r) has a temper tantrum:

Donald J. Trump @realDonaldTrump

THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!

5.94k ReTruths 16k Likes May 16, 2025, 4:12 PM

And:

Donald J. Trump @realDonaldTrump

The Supreme Court has just ruled that the worst murderers, drug dealers, gang members, and even those who are mentally insane, who came into our Country illegally, are not allowed to be forced out without going through a long, protracted, and expensive Legal Process, one that will take, possibly, many years for each person, and one that will allow these people to commit many crimes before they even see the inside of a Courthouse. The result of this decision will let more CRIMINALS pour into our Country, doing great harm to our cherished American public. It will also encourage other criminals to illegally enter our Country, wreaking havoc and bedlam wherever they go. The Supreme Court of the United States is not allowing me to do what I was elected to do. Sleepy Joe Biden allowed MILLIONS of Criminal Aliens to come into our Country without any “PROCESS” but, in order to get them out of our Country, we have to go through a long and extended PROCESS. In any event, thank you to Justice Alito and Justice Thomas for attempting to protect our Country. This is a bad and dangerous day for America!

13.4k ReTruths 36.4k Likes May 16, 2025, 4:59 PM

Fascist has to Fascist.

All caps is the Internets equivalent of shouting.

What the U.S. Supreme Court majority (7-2) ordered:

Per Curiam
SUPREME COURT OF THE UNITED STATES
_________________
No. 24A1007
_________________
A. A. R. P., ET AL. v. DONALD J. TRUMP, PRESIDENT
OF THE UNITED STATES, ET AL.
ON APPLICATION FOR INJUNCTION
[May 16, 2025]

….We have long held that “no person shall be” removed from the United States “without opportunity, at some time, to be heard.” The Japanese Immigrant Case, 189 U. S. 86, 101 (1903). Due process requires notice that is “reasonably calculated, under all the circumstances, to apprise interested parties” and that “afford[s] a reasonable time . . . to make [an] appearance.” Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306, 314 (1950). Accordingly, in J. G. G., this Court explained—with all nine Justices agreeing—that “AEA detainees must receive notice . . . that they are subject to removal under the Act . . . within a reasonable time and in such a manner as will allow them to actually seek habeas relief ” before removal. 604 U. S., at ____ (slip op., at 3). In order to “actually seek habeas relief,” a detainee must have sufficient time and information to reasonably be able to contact counsel, file a petition, and pursue appropriate relief….

….The Government does not contest before this Court the applicants’ description of the notice afforded to AEA detainees in the Northern District of Texas, nor the assertion that the Government was poised to carry out removals imminently. The Government has represented elsewhere that it is unable to provide for the return of an individual deported in error to a prison in El Salvador, see Abrego Garcia v. Noem, No. 25−cv−951 (D Md.), ECF Docs. 74, 77, where it is alleged that detainees face indefinite detention, see Application for Injunction 11. The detainees’ interests at stake are accordingly particularly weighty. Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster. But it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose….

….The application for an injunction pending further proceedings is granted. The motion for leave to file a supplemental appendix under seal is also granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The judgment of the Fifth Circuit is vacated, and the case is remanded to the Fifth Circuit. In resolving the detainees’ appeal, the Fifth Circuit should address (1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. The Government is enjoined from removing the named plaintiffs or putative class members in this action under the AEA pending order by the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. The Government may remove the named plaintiffs or putative class members under other lawful authorities.

It is so ordered.”

Gee, in a Democracy there is no room for an Autocrat, petulant or not.

We’re going to find out.

5th Amendment – requiescat in pace – (1791-2025)

14 Monday Apr 2025

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

5th Amendment, concentration camp, Constitution, deportation, Donald Trump, due process, El Salvador, Fascist pig, Holocaust Encyclopedia, Holocaust Museum, Kilmar Abrego Garcia, Nazis, U.S. Supreme Court

Kilmar Abrego Garcia.

“….nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law….”

Nice Bill of Rights we used to have there, shame something happened to it.

Jason Kander‬ ‪@jasonkander.bsky.social‬

Imagine learning you sent an innocent man to prison and all you have to do to get him out is ask.

Forget about the political context for a moment. Just imagine you know an innocent person is in prison and you have the power to get him released.

Can you imagine refusing?
[….]
April 14, 2025 at 4:03 PM

Donald Trump (r) can and did.

U.S. Holocaust Museum, Holocaust Encyclopedia, “Concentration Camps….”

What distinguishes a concentration camp from a prison (in the modern sense) is that it functions outside of a judicial system. The prisoners are not indicted or convicted of any crime by judicial process.

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

Fascist pig.

“Nulli vendemus, nulli negabimus aut differemus rectum aut justiciam.”

07 Monday Apr 2025

Posted by Michael Bersin in Uncategorized

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deportation, dictatorship, due process, Fascist pigs, Fifth Amendment, John Roberts, Magna Carta, right wingnuts, stay, U.S. Constitution, U.S. Supreme Court

“We will sell to no one, we will deny to no one or postpone what is right or justice.” – Magna Carta

Today, from the Chief Justice of the U.S. Supreme Court:

Supreme Court of the United States

No. 24A949 [pdf]

KRISTI NOEM, SECRETARY OF HOMELAND SECURITY, ET AL.,
Applicants

v.

KILMAR ARMANDO ABREGO GARCIA,
ET AL.

O R D E R

UPON CONSIDERATION of the application of counsel for the applicants,

IT IS ORDERED that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT).

/s/
John G. Roberts, Jr.
Chief Justice of the United States

Dated this 7th
day of April 2025.

Justice delayed is justice denied.

We live in a dictatorship.

The U.S. Constitution hangs by a tenuous thread

09 Thursday Jan 2025

Posted by Michael Bersin in Uncategorized

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Tags

34 felonies, conviction, Donald Trump, hush money, New York, sentencing, U.S. Supreme Court

5-4.

(ORDER LIST: 604 U.S.)
THURSDAY, JANUARY 9, 2025
ORDER IN PENDING CASE
24A666

TRUMP, DONALD J. V. NEW YORK, ET AL. [pdf]

The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of “unconditional discharge” after a brief virtual hearing.

Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.

On social media:

Harry Litman ‪@harrylitman.bsky.social
‬
it’s a glass half-full half-empty situation; or a well-pyramid problem.

On the one hand, Roberts keeps the Court from another outrageous pro-Trump intervention. On the other, 4 justices including Kavanaugh were ready to do it. Competing headlines really.

Will be a pretty interesting sentencing!

January 9, 2025 at 6:36 PM

Marc Elias ‪@marcelias.bsky.social‬

It is not only that Trump got 4 votes, but the stated reason for allowing the sentencing to go forward is that it wouldn’t take much time, won’t lead to jail, and isn’t too inconvenient. SCOTUS did everything but offer to validate his parking and buy hm lunch.

January 9, 2025 at 6:34 PM

34 felonies. Sentencing in New York will proceed tomorrow,

Banana Republic

01 Monday Jul 2024

Posted by Michael Bersin in Resist

≈ 4 Comments

Tags

#resist, Banana Republic, dissent, Donald Trump, presidential immunity, rot, rotten, U.S. Supreme Court

“…Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law…”

“…In the majority’s view, while all other citizens of the United States must do their jobs and live their lives within the confines of criminal prohibitions, the President cannot be made to do so; he must sometimes be exempt from the law’s dictates depending on the character of his conduct. Indeed, the majority holds that the President, unlike anyone else in our country, is comparatively free to engage in criminal acts in furtherance of his official duties…”

The U.S. Supreme Court has made it official.

By a 6-3 right wingnut majority:

SUPREME COURT OF THE UNITED STATES
No. 23–939
DONALD J. TRUMP, PETITIONER v.
UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
[July 1, 2024]

[….]

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting.

[….]

In sum, the majority today endorses an expansive vision of Presidential immunity that was never recognized by the Founders, any sitting President, the Executive Branch, or even President Trump’s lawyers, until now. Settled understandings of the Constitution are of little use to the majority in this case, and so it ignores them.

[….]

The majority relies almost entirely on its view of the danger of intrusion on the Executive Branch, to the exclusion of the other side of the balancing test. Its analysis rests on a questionable conception of the President as incapable of navigating the difficult decisions his job requires while staying within the bounds of the law. It also ignores the fact that he receives robust legal advice on the lawfulness of his actions.

[….]

Finally, in an attempt to put some distance between its official-acts immunity and Trump’s requested immunity, the majority insists that “Trump asserts a far broader immunity than the limited one [the majority has] recognized.” Ante, at 32. If anything, the opposite is true. The only part of Trump’s immunity argument that the majority rejects is the idea that “the Impeachment Judgment Clause requires that impeachment and Senate conviction precede a President’s criminal prosecution.” Ibid. That argument is obviously wrong. See ante, at 32–34. Rejecting it, however, does not make the majority’s immunity narrower than Trump’s. Inherent in Trump’s Impeachment Judgment Clause argument is the idea that a former President who was impeached in the House and convicted in the Senate for crimes involving his official acts could then be prosecuted in court for those acts. See Brief for Petitioner 22 (“The Founders thus adopted a carefully balanced approach that permits the criminal prosecution of a former President for his official acts, but only if that President is first impeached by the House and convicted by the Senate”). By extinguishing that path to overcoming immunity, however nonsensical it might be, the majority arrives at an official acts immunity even more expansive than the one Trump argued for. On the majority’s view (but not Trump’s), a former President whose abuse of power was so egregious and so offensive even to members of his own party that he was impeached in the House and convicted in the Senate still would be entitled to “at least presumptive” criminal immunity for those acts.

[….]

Not content simply to invent an expansive criminal immunity for former Presidents, the majority goes a dramatic and unprecedented step further. It says that acts for which the President is immune must be redacted from the narrative of even wholly private crimes committed while in office. They must play no role in proceedings regarding private criminal acts. See ante, at 30–32.

[….]

Today’s decision to grant former Presidents immunity for their official acts is deeply wrong. As troubling as this criminal immunity doctrine is in theory, the majority’s application of the doctrine to the indictment in this case is perhaps even more troubling. In the hands of the majority, this new official-acts immunity operates as a one-way ratchet.

[….]

The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military oup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.

Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.

The majority’s single-minded fixation on the President’s need for boldness and dispatch ignores the countervailing need for accountability and restraint. The Framers were not so single-minded. In the Federalist Papers, after “endeavor[ing] to show” that the Executive designed by the Constitution “combines . . . all the requisites to energy,” Alexander Hamilton asked a separate, equally important question: “Does it also combine the requisites to safety, in a republican sense, a due dependence on the people, a due responsibility?” The Federalist No. 77, p. 507 (J. Harvard Library ed. 2009). The answer then was yes, based in part upon the President’s vulnerability to “prosecution in the common course of law.” Ibid. The answer after today is no. Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop.

With fear for our democracy, I dissent.

[SOTOMAYOR, J., dissenting]

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

And:

[….]

JUSTICE JACKSON, dissenting.

JUSTICE SOTOMAYOR has thoroughly addressed the Court’s flawed reasoning and conclusion as a matter of history, tradition, law, and logic. I agree with every word of her powerful dissent. I write separately to explain, as succinctly as I can, the theoretical nuts and bolts of what, exactly, the majority has done today to alter the paradigm of accountability for Presidents of the United States. I also address what that paradigm shift means for our Nation moving forward.

To fully appreciate the profound change the majority has wrought, one must first acknowledge what it means to have immunity from criminal prosecution. Put simply, immunity is “exemption” from the duties and liabilities imposed by law….

[….]

It is indisputable that immunity from liability for wrongdoing is the exception rather than the rule in the American criminal justice system. That is entirely unsurprising, for the very idea of immunity stands in tension with foundational principles of our system of Government. It is a core tenet of our democracy that the People are the sovereign, and the Rule of Law is our first and final security. “[F]rom their own experience and their deep reading in history, the Founders knew that Law alone saves a society from being rent by internecine strife or ruled by mere brute power however disguised.” United States v. Mine Workers, 330 U. S. 258, 308 (1947) (Frankfurter, J., concurring in judgment).

A corollary to that principle sets the terms for this case: “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.” United States v. Lee, 106 U. S. 196, 220 (1882). We have long lived with the collective understanding that “[d]ecency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen,” for “[i]n a government of laws, existence of the government will be imperilled if it fails to observe the law scrupulously.” Olmstead v. United States, 277 U. S. 438, 485 (1928) (Brandeis, J., dissenting).

[….]

With that understanding of how our system of accountability for criminal acts ordinarily functions, it becomes much easier to see that the majority’s ruling in this case breaks new and dangerous ground. Departing from the traditional model of individual accountability, the majority has concocted something entirely different: a Presidential accountability model that creates immunity—an exemption from criminal law—applicable only to the most powerful official in our Government.

[….]

The majority’s new Presidential accountability model is also distinct insofar as it accepts as a basic starting premise that generally applicable criminal laws do not apply to everyone in our society. In the majority’s view, while all other citizens of the United States must do their jobs and live their lives within the confines of criminal prohibitions, the President cannot be made to do so; he must sometimes be exempt from the law’s dictates depending on the character of his conduct. Indeed, the majority holds that the President, unlike anyone else in our country, is comparatively free to engage in criminal acts in furtherance of his official duties.

That point bears emphasizing. Immunity can issue for Presidents under the majority’s model even for unquestionably and intentionally egregious criminal behavior. Regardless of the nature or the impact of the President’s criminal conduct, so long as he is committing crimes “pursuant to the powers invested exclusively in him by the Constitution,” ante, at 7, or as needed “to carry out his constitutional duties without undue caution,” ante, at 14, he is likely to be deemed immune from prosecution.

[….]

The majority of my colleagues seems to have put their trust in our Court’s ability to prevent Presidents from becoming Kings through case-by-case application of the indeterminate standards of their new Presidential accountability paradigm. I fear that they are wrong. But, for all our sakes, I hope that they are right.

In the meantime, because the risks (and power) the Court has now assumed are intolerable, unwarranted, and plainly antithetical to bedrock constitutional norms, I dissent.

[JACKSON, J., dissenting]

[From 2000.]

Your choice in November is between a Fascist narcissist, blatantly enabled by a right wingnut Supreme Court, and a decent human being. Vote accordingly.

If you’re all atwitter and wringing your hands about an artificial 90 minute televised debate you’re a fucking maroon.

Ancien Régime

28 Friday Jun 2024

Posted by Michael Bersin in Uncategorized

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Tags

Anatole France, homelessness, The Red Lilly, U.S. Supreme Court

The Red Lily (1894), Anatole France

…For the poor it consists in sustaining and preserving the wealthy in their power and their laziness. The poor must work for this, in presence of the majestic quality of the law which prohibits the wealthy as well as the poor from sleeping under the bridges, from begging in the streets, and from stealing bread…

Today at the U.S. Supreme Court:

Justices uphold laws targeting homelessness with criminal penalties
By Amy Howe
on Jun 28, 2024 at 1:48 pm

The Supreme Court on Friday upheld ordinances in a southwest Oregon city that prohibit people who are homeless from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within the city limits. By a vote of 6-3, the justices agreed with the city, Grants Pass, that the ordinances simply bar camping on public property by everyone and do not violate the Constitution’s ban on cruel and unusual punishment….

[….]

“…the ordinances simply bar camping on public property by everyone…” Probably, also, begging in the streets and stealing bread.

The dissent:

[….]
SOTOMAYOR, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 23–175
CITY OF GRANTS PASS, OREGON, PETITIONER v.
GLORIA JOHNSON, ET AL., ON BEHALF
OF THEMSELVES AND ALL OTHERS
SIMILARLY SITUATED
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[June 28, 2024]

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting.

Sleep is a biological necessity, not a crime. For some people, sleeping outside is their only option. The City of Grants Pass jails and fines those people for sleeping anywhere in public at any time, including in their cars, if they use as little as a blanket to keep warm or a rolled-up shirt as a pillow. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional. Punishing people for their status is “cruel and unusual” under the Eighth Amendment. See Robinson v. California, 370 U. S. 660 (1962).

Homelessness is a reality for too many Americans. On any given night, over half a million people across the country lack a fixed, regular, and adequate nighttime residence. Many do not have access to shelters and are left to sleep in cars, sidewalks, parks, and other public places. They experience homelessness due to complex and interconnected issues, including crippling debt and stagnant wages; domestic and sexual abuse; physical and psychiatric disabilities; and rising housing costs coupled with declining affordable housing options.

It is possible to acknowledge and balance the issues facing local governments, the humanity and dignity of homeless people, and our constitutional principles. Instead, the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested. The Constitution provides a baseline of rights for all Americans rich and poor, housed and unhoused. This Court must safeguard those rights even when, and perhaps especially when, doing so is uncomfortable or unpopular. Otherwise, “the words of the Constitution become little more than good advice.” Trop v. Dulles, 356 U. S. 86, 104 (1958) (plurality opinion).

[…..]

Grants Pass’s Ordinances criminalize being homeless. The status of being homeless (lacking available shelter) is defined by the very behavior singled out for punishment (sleeping outside). The majority protests that the Ordinances “do not criminalize mere status.” Ante, at 21. Saying so does not make it so. Every shred of evidence points he other way. The Ordinances’ purpose, text, and enforcement confirm that they target status, not conduct. For someone with no available shelter, the only way to comply with the Ordinances is to leave Grants Pass altogether.

[….]

Next consider the text. The Ordinances by their terms single out homeless people. They define “campsite” as “any place where bedding, sleeping bag, or other material used for bedding purposes” is placed “for the purpose of maintaining a temporary place to live.” §5.61.010. The majority claims that it “makes no difference whether the charged defendant is homeless.” Ante, at 20. Yet the Ordinances do not apply unless bedding is placed to maintain a temporary place to live. Thus, “what separates prohibited conduct from permissible conduct is a person’s intent to ‘live’ in public spaces. Infants napping in strollers, Sunday afternoon picnickers, and nighttime stargazers may all engage in the same conduct of bringing blankets to public spaces [and sleeping], but they are exempt from punishment because they have a separate ‘place to live’ to which they presumably intend to return.” Brief for Criminal Law and Punishment Scholars as Amici Curiae 12

Put another way, the Ordinances single out for punishment the activities that define the status of being homeless…

[….]

….The best the majority can muster is the following tautology: The Ordinances criminalize conduct, not pure status, because they apply to conduct, not status.

The flaw in this conclusion is evident. The majority countenances the criminalization of status as long as the City tacks on an essential bodily function—blinking, sleeping, eating, or breathing. That is just another way to ban the person….

[….]

The majority proclaims, with no citation, that “it makes no difference whether the charged defendant is homeless, a backpacker on vacation passing through town, or a student who abandons his dorm room to camp out in protest.” Ante, at 20. That describes a fantasy. In reality, the deputy chief of police operations acknowledged that he was not aware of “any non-homeless person ever getting a ticket for illegal camping in Grants Pass.” …

[….]

I remain hopeful that our society will come together “to address the complexities of the homelessness challenge facing the most vulnerable among us.” Ante, at 34. That responsibility is shared by those vulnerable populations, the States and cities in which they reside, and each and every one of us. “It is only after we begin to see a street as our street, a public park as our park, a school as our school, that we can become engaged citizens, dedicating our time and resources for worthwhile causes.” M. Desmond, Evicted: Property and Profit in the American City 294 (2016).

This Court, too, has a role to play in faithfully enforcing the Constitution to prohibit punishing the very existence of those without shelter. I remain hopeful that someday in the near future, this Court will play its role in safeguarding constitutional liberties for the most vulnerable among us. Because the Court today abdicates that role, I respectfully dissent.

The U.S. Supreme Court has told us what we are. All that’s left is to haggle over the price.

Eric Schmitt (r) has a sad

26 Wednesday Jun 2024

Posted by Michael Bersin in Eric Schmitt, US Senate

≈ Leave a comment

Tags

Eric Schmitt, Fascist pig, missouri, right wingnut, U.S. Senate, U.S. Supreme Court

“…Eric Schmitt’s (r) waste of money and time lost today, 6-3, in a right wingnut dominated Supreme Court.

That tells us all everything we need to know…”

Eric Schmitt (r) [2022 file photo}.

The usual lame spin from Eric Schmitt (r):

JUNE 26, 2024
SENATOR SCHMITT STATEMENT ON MURTHY V. MISSOURI RULING
WASHINGTON – Today, Senator Eric Schmitt released a statement on the Supreme Court ruling in Murthy v. Missouri:

“While this isn’t the outcome we were hoping for, this case is a huge win for Americans and for the whole country, because it exposed nearly every part of the Biden Administration’s vast ‘censorship enterprise.’ I’m extremely proud to have filed this case as Missouri’s Attorney General. Many knew that censorship was happening before this case, but Missouri v. Biden and later Murthy v. Missouri broke the dam wide open and showed the entire world the lengths that the Biden Administration and Democrats went to silence disfavored speech. While exposing this censorship is a win, the fight is far from over. I promise that I will never stop fighting to ensure that Americans’ First Amendment rights are jealously guarded, and I will continue to work to dismantle every last facet of the Biden Administration’s censorship industrial complex,” said Senator Eric Schmitt.

Eric Schmitt should pay his communications interns more.

Or maybe he should have created a snitch hotline since it worked out so well the last time.

Previously:

Eric Schmitt (r) wasted Missouri taxpayer dollars just so he could get into the U.S. Senate (June 26, 2024)

Eric Schmitt (r) wasted Missouri taxpayer dollars just so he could get into the U.S. Senate

26 Wednesday Jun 2024

Posted by Michael Bersin in Eric Schmitt, social media, US Senate

≈ Leave a comment

Tags

Eric Schmitt, Fascist pig, incompetence, misinformation, missouri, right wingnut, social media, U.S. Supreme Court

Putz.

Eric Schmitt (r) [2022 file photo].

Today at the U.S. Supreme Court:

[….]

SUPREME COURT OF THE UNITED STATES
No. 23–411 [pdf]
VIVEK H. MURTHY, SURGEON GENERAL, ET AL.,
PETITIONERS v. MISSOURI, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 26, 2024]

JUSTICE BARRETT delivered the opinion of the Court.

During the 2020 election season and the COVID–19 pandemic, social-media platforms frequently removed, demoted, or fact checked posts containing allegedly false or misleading information. At the same time, federal officials, concerned about the spread of “misinformation” on social media, communicated extensively with the platforms about their content-moderation efforts.

The plaintiffs, two States and five social-media users, sued dozens of Executive Branch officials and agencies, alleging that they pressured the platforms to suppress protected speech in violation of the First Amendment. The Fifth Circuit agreed, concluding that the officials’ communications rendered them responsible for the private platforms’ moderation decisions. It then affirmed a sweeping preliminary injunction.

The Fifth Circuit was wrong to do so. To establish standing, the plaintiffs must demonstrate a substantial risk that, in the near future, they will suffer an injury that is traceable to a Government defendant and redressable by the injunction they seek. Because no plaintiff has carried that burden, none has standing to seek a preliminary injunction.

[….]

We begin—and end—with standing. At this stage, neither the individual nor the state plaintiffs have established standing to seek an injunction against any defendant. We therefore lack jurisdiction to reach the merits of the dispute.

[….]

The plaintiffs claim standing based on the “direct censorship” of their own speech as well as their “right to listen” to others who faced social-media censorship. Brief for Respondents 19, 22. Notably, both theories depend on the platform’s actions—yet the plaintiffs do not seek to enjoin the platforms from restricting any posts or accounts. They seek to enjoin Government agencies and officials from pressuring or encouraging the platforms to suppress protected speech in the future.

[….]

Louisiana and Missouri. The state plaintiffs devote minimal attention to restriction of their own social-media content, much less to a causal link between any such restriction and the actions of any Government defendant. They refer only to Facebook’s “flagg[ing] . . . and deboost[ing]” of a Louisiana state representative’s post about children and the COVID–19 vaccine. Brief for Respondents 20; App. 635–636. We need not decide whether an injury to a state representative counts as an injury to the State, because evidence of causation is lacking.5 The States assert only that in November 2021, Facebook, “as a result of [its] work [with the CDC],” updated its policies “to remove additional false claims about the COVID–19 vaccine for children.” 37 Record 11,457. But they never say when Facebook took action against the official’s post—and a causal link is possible only if the removal occurred after Facebook’s communication with the CDC. There is therefore no evidence to support the States’ allegation that Facebook restricted the state representative pursuant to the CDC-influenced policy.

[….]

The state plaintiffs, claiming their own version of the “right to listen” theory, assert a sovereign interest in hearing from their citizens on social media. See 83 F. 4th, at 372–373. But this theory suffers from the same flaws as the individual plaintiffs’ theory. The States have not identified any specific speakers or topics that they have been unable to hear or follow.

The States cite this supposed sovereign injury as a basis for asserting third-party standing on behalf of “the citizens they would listen to.” Brief for Respondents 30. But “[t]his argument is a thinly veiled attempt to circumvent the limits on parens patriae standing.” Brackeen, 599 U. S., at 295, n. 11. Namely, States do not have “‘standing as parens patriae to bring an action against the Federal Government.’ ” Id., at 295.

The States, like the individual plaintiffs, have failed to establish a likelihood of standing.

[….]

Eric Schmitt’s (r) waste of money and time lost today, 6-3, in a right wingnut dominated Supreme Court.

That tells us all everything we need to know.

Roevember is coming

24 Monday Jun 2024

Posted by Michael Bersin in Resist

≈ 1 Comment

Tags

#resist, Hobbs, Kansas City, missouri, protest, Roevember, U.S. Supreme Court, women's health care, women's reproductive health

Don’t mistake the relative quiet for resigned silence or forgetfulness.

It’s seething. It’s still there. Maybe not noticeable to everyone, but it’s still there.

Today, in Kansas City, two individuals organized a reminder of the second anniversary of the U.S. Supreme Court Hobbs decision eliminating women’s rights to choose their reproductive health care.

Impromptu, via social media. Over forty individuals gathered in the oppressive midday heat to march through Westport.

“54 years ago…”

“Bans of our bodies”

“If I made my uterus a corporation will y’all stop regulating it?

One of the organizers.

“Protect Abortion Access”

Women’s Rights = Human Rights”

Keep Abortion Safe and Legal”

“Your religion does not rule my body”

“We are Ruthless…”

“Hands off my body”

The start of the march.

Roevember is coming.

Previously:

But, her emails… (June 24, 2022)

In Missouri Mike Parson (r) now makes your health care decisions for you (June 24, 2022)

Forced birth (June 24, 2022)

It’s been a long road to now (June 24, 2022)

What time is it? (June 24, 2022)

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