Tag Archives: U.S. Supreme Court

If Title 42 falls in the forest, does COVID-19 make a sound?

27 Tuesday Dec 2022

Posted by in Uncategorized

≈ 1 Comment

Tags

, , , , , , , , ,

Wait, if COVID-19 is a hoax, then Title 42 has always been moot.

Today:

Supreme Court allows border restrictions for asylum seekers to continue for now
December 27, 20224:30 PM ET

EL PASO, Texas – The U.S. Supreme Court, in a 5-4 ruling Tuesday, granted a GOP request to prevent the winding down of the Title 42 immigration policy – and agreed to decide in its February argument session whether 19 states that oppose the policy should be allowed to intervene in defense of it in the lower courts.

[….]

Under Title 42, immigration authorities were able to quickly remove many of the migrants they encountered – without giving them a chance to ask for asylum protection or other protections under U.S. law. The restrictions were put in place as a public health order by former President Donald Trump’s administration in March 2020 when COVID-19 was just beginning to surge in this country.

[….]

From the dissent:

SUPREME COURT OF THE UNITED STATES
No. 22A544 (22–592)
ARIZONA, ET AL. v. ALEJANDRO MAYORKAS,
SECRETARY OF HOMELAND SECURITY
ON APPLICATION FOR STAY
[December 27, 2022]

[….]

Reasonable minds can disagree about the merits of the D. C. Circuit’s intervention ruling. But that case-specific decision is not of special importance in its own right and would not normally warrant expedited review. The D. C. Circuit’s intervention ruling takes on whatever salience it has only because of its presence in a larger underlying dispute about the Title 42 orders. And on that score, it is unclear what we might accomplish. Even if at the end of it all we find that the States are permitted to intervene, and even if the States manage on remand to demonstrate that the Title 42 orders were lawfully adopted, the emergency on which those orders were premised has long since lapsed.

[….]

The only plausible reason for stepping in at this stage that I can discern has to do with the States’ second request. The States contend that they face an immigration crisis at the border and policymakers have failed to agree on adequate measures to address it. The only means left to mitigate the crisis, the States suggest, is an order from this Court directing the federal government to continue its COVID-era Title 42 policies as long as possible…

[….]

But the current border crisis is not a COVID crisis. And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.

Even Neil Freakin’ Gorsuch got that much.

On the ballot: an act and its consequence

06 Sunday Nov 2022

Posted by in Uncategorized

≈ Leave a comment

Tags

, , , , , , , , , , ,

May 4, 2022:

What to Know About the Leaked Supreme Court Abortion Draft Opinion, and What’s Next
[….]
Roughly half of the states will ban abortion almost immediately, and half the states will continue to allow abortion. But it’s important to understand that the long-term agenda of abortion opponents doesn’t end with overturning Roe. What they want is a nationwide ban on abortion. So if you’re in a state like New York or California, where you believe you will have access to abortion even if Roe is overturned, that is true in the short term. But the plan from abortion opponents is to continue to push for a nationwide ban, so that could change.
[….]

May 8, 2022 – abortion rights rally in Kansas City:

“They fucking lied…”

“…and I’m fucking pissed”

A half century of women’s right to privacy, bodily autonomy, and health care agency are gone.

Vote accordingly.

Then it’s well past time to expand the Supreme Court

23 Thursday Jun 2022

Posted by in Uncategorized

≈ Leave a comment

Tags

, , , , , , ,

Mitch McConnell (r) unilaterally reduced the U.S. Supreme Court to eight for almost a year. Fancy that.

Today from the White House:

Statement by President Joe Biden on Supreme Court Ruling on Guns
JUNE 23, 2022

[….]
I am deeply disappointed by the Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. Since 1911, the State of New York has required individuals who would like to carry a concealed weapon in public to show a need to do so for the purpose of self-defense and to acquire a license. More than a century later, the United States Supreme Court has chosen to strike down New York’s long-established authority to protect its citizens. This ruling contradicts both common sense and the Constitution, and should deeply trouble us all.

In the wake of the horrific attacks in Buffalo and Uvalde, as well as the daily acts of gun violence that do not make national headlines, we must do more as a society — not less — to protect our fellow Americans. I remain committed to doing everything in my power to reduce gun violence and make our communities safer. I have already taken more executive actions to reduce gun violence than any other President during their first year in office, and I will continue to do all that I can to protect Americans from gun violence.

I urge states to continue to enact and enforce commonsense laws to make their citizens and communities safer from gun violence. As the late Justice Scalia recognized, the Second Amendment is not absolute. For centuries, states have regulated who may purchase or possess weapons, the types of weapons they may use, and the places they may carry those weapons. And the courts have upheld these regulations.

I call on Americans across the country to make their voices heard on gun safety. Lives are on the line.

It’s time to expand the court.

Stare decisis don’t mean shit

02 Monday May 2022

Posted by in social media, Uncategorized

≈ 15 Comments

Tags

, , , , , ,

Pre 1973 2022 medical instruments.

Breaking news this evening – an extensive U.S. Supreme Court draft majority opinion by Samuel Alito has been leaked indicating the court will reverse Roe v Wade (1973).

SCOTUSblog @SCOTUSblog
The document leaked to Politico is almost certainly an authentic draft opinion by J. Alito that reflects what he believes at least 5 members of the Court have voted to support — overruling Roe. But as Alito’s draft, it does not reflect the comments or reactions of other Justices.
7:56 PM · May 2, 2022

We all know who is responsible:

Pre 1973 2022 medical equipment.

One pointed response:

Joyce Alene @JoyceWhiteVance
Thanks, Susan Collins
8:13 PM · May 2, 2022

And others.

When dishing dirt at the lunch table in junior high school is the peak experience of your life

26 Wednesday Jan 2022

Posted by in social media

≈ Leave a comment

Tags

, , , , , ,

Vicky Hartzler (r) [2021 file photo].

Today.

Rep. Vicky Hartzler @RepHartzler
Kamala Harris could be the tie-breaking vote to determine whether she’ll remain a terrible VP or become a terrible Supreme Court justice. #SCOTUS
12:43 PM · Jan 26, 2022

Some of the responses.

Aw…it’s cute when your Gen Z social media staffer tweets things out they lack both the education + experience to understand.

But the racism. Well. That’s probably all you look for when hiring. That and a willingness to commit treason.

{citation needed} oh but that’s right, you’re just jealous.

Bless your heart

This probably played better at the Capitol Hill Club.

But who cares what you think [….]

Oh look – the third place Republican senatorial candidate from Missouri who has fractured multiple bones trying to genuflect harder than a disgraced ex-governor to the King of Mar-A-Lago has asked a staffer to tweet something modestly racist to grab his attention.

Terribly put by a painfully terrible politician pretending to be a Member of Congress and doing a terrible job of even the pretending.

Vice President Kamala Harris (D) is living rent free inside Vicky Hartzler’s (r) head.

Kamala Harris (D) [2019 file photo].

Celebrating forced birth

04 Saturday Dec 2021

Posted by in Josh Hawley, social media, US Senate

≈ 4 Comments

Tags

, , , , , ,

Josh Hawley (r) [2016 file photo].

Yesterday:

Josh Hawley @HawleyMO
The Justices are conferencing today in the #Dobbs case. Huge week for the right to life in America. I’m incredibly proud of my wife Erin and @ADFLegal for their work on this landmark case
11:48 AM · Dec 3, 2021

Some of the responses:

When do plan to introduce the Fugative Abortion-Seeking Law?

When Roe is overturned, won’t states have the the right to protect their “unborn”?

Then after we carry this child for nine months, we’ll leave the child at your doorstep. Just like Justice Amy said.

Not really sure I understand the logic of the Alliance Defending Freedom literally supporting the loss of freedom of womens rights for their own faux biblical gain, but its 2021 I guess anything can happen.

“War is peace” “Facts are fake” “Love is Hate” etc etc [….]

Too bad right to life doesn’t include kids at school when someone shows up with a gun.

How do you know that? Seems inappropriate. Can you explain Stare Decisis? Taking away women’s liberty is not something to be proud of.

Yay medieval times! [….]

If only you were pro-life….

Yes, landmark on the regression of our society imposed by a minority of the population.

I know you don’t live here anymore but I thought you should know that the government of the state that you represent suppressed information that showed that mask mandates save lives. If you are are so pro-life then why don’t you call for an investigation.

I wonder if Josh is having a rally anywhere so the women of America can go listen to him and tell him exactly how we feel.

You let your wife work? I thought you believed in biblical masculinity?

You’re a lucky man Josh. A woman working hard to limit women’s rights is a gal after every male Republican’s heart.

Abortions won’t stop. Rich women will still get safe ones. I wish you cared about all the citizens of Mo, just not your fan club.

You believe in the right to life, Josh? Very cool. Now do vaccinations and gun violence. Hurry up. Tick Tock.

Of course, after birth it’s a big FU from Republicans.

It’s not about life – you don’t care about life.

It’s a huge week for increasing your control over women, forcing them to bear children for you.

You should be ashamed.

#ResignHawley

I guess you’re going to be proud to see back alley abortions and women die from abortions because they’re not clean operating rooms and stuff. So yes great job [….] I guess all those raping incest victims will just have to live with their kid huh

Facist

Let’s make America 1900s again

Medieval.

Bless your heart, you’re so slow that you don’t even realized you aren’t even close to “right to life”- living, breathing kids are climbing out of classroom windows to stay alive and you don’t care so sit down and shut up

Huge week for fascist cult followers.

Liar, Jackboot Josh, you have never been a “life” proponet, only “Forced Birth”.

Nobody is taking your religious rights, speech rights, or any other rights. On the other hand, you and Repubs are trying to take away a woman’s rights, private business’s rights, and voting rights. You are a weasel.

Tell your wife that my business is not her business and to keep her nose out of it. Ok, mr insurrection?

No surprise.

A long time ago

01 Wednesday Dec 2021

Posted by in Uncategorized

≈ Leave a comment

Tags

, , , ,

Antonin Scalia in Warrensburg, part 4 (March 7, 2008)

[As an originalist how do you handle a case like Brown versus Board of Education 1954 where arguably the original understanding of the equal protection clause did not prohibit segregation in public schools?]

That is a very good question and it’s often asked. We, we originalists, uh, refer to this as, uh,”waving the, the bloody red shirt” of Brown versus Board of Education. Uh, there are two answers. Number one, and less important, I think I would have been with the majority in Brown because I think I would have been with, uh,  Justice Harlan in Plessy. Plessy versus Ferguson, which was a case, uh, in the 19th century which held that the state of Louisiana could require blacks to ride in a separate railroad car….and the court said that was okay and Harlan dissented…I think I would have been with Harlan in Plessy so I think I would have been with the majority in, in Brown.

But that, that’s the less important answer.  Look, I will stipulate…that you can do some good things with, uh, uh ignoring the Constitution. With the living Constitution letting the court, the judges make it up.  I’ll stipulate. I mean kings can do stuff that democratic , uh, legislatures can’t achieve. So what? Does that prove that kings are better?  A stopped clock is right twice a day. [laughter] I’ll grant you, that, that, that some things can be achieved but that isn’t the basis for judging it. Whether now and then it produces a result you like. You have to look at the whole system and say, “Is this the way a democratic society should govern itself?”

And the answer is, “No.”

Associate U.S. Supreme Court Justice Antonin Scalia [2008 file photo].

Where we’re going

02 Thursday Sep 2021

Posted by in Uncategorized

≈ Leave a comment

Tags

, , , ,

Pre 1973 2021 medical instruments.

Late yesterday, at the U.S. Supreme Court:

SOTOMAYOR, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 21A24
WHOLE WOMAN’S HEALTH ET AL. v. AUSTIN REEVE
JACKSON, JUDGE, ET AL.
ON APPLICATION FOR INJUNCTIVE RELIEF
[September 1, 2021]

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

The Court’s order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand. Last night, the Court silently acquiesced in a State’s enactment of a law that flouts nearly 50 years of federal precedents.

Today, the Court belatedly explains that it declined to grant relief because of procedural complexities of the State’s own invention. [….] Because the Court’s failure to act rewards tactics designed to avoid judicial review and inflicts significant harm on the applicants and on women seeking abortions in Texas, I dissent. [….]

KAGAN, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 21A24
WHOLE WOMAN’S HEALTH ET AL. v. AUSTIN REEVE
JACKSON, JUDGE, ET AL.
ON APPLICATION FOR INJUNCTIVE RELIEF
[September 1, 2021]

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

Without full briefing or argument, and after less than 72 hours’ thought, this Court greenlights the operation of Texas’s patently unconstitutional law banning most abortions. The Court thus rewards Texas’s scheme to insulate its law from judicial review by deputizing private parties to carry out unconstitutional restrictions on the State’s behalf. As of last night, and because of this Court’s ruling, Texas law prohibits abortions for the vast majority of women who seek them—in clear, and indeed undisputed, conflict with Roe and Casey.

Today’s ruling illustrates just how far the Court’s “shadow-docket” decisions may depart from the usual principles of appellate process. That ruling, as everyone must agree, is of great consequence. Yet the majority has acted without any guidance from the Court of Appeals—which is right now considering the same issues. It has reviewed only the most cursory party submissions, and then only hastily. And it barely bothers to explain its conclusion—that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail. In all these ways, the majority’s decision is emblematic of too much of this Court’s shadow docket decisionmaking—which every day becomes more un-reasoned, inconsistent, and impossible to defend. I respectfully dissent.

End the filibuster. Now.

Previously:

Susan Collins (r) weighs in (September 1, 2021)

Always there (September 1, 2021)

Here we are (September 2, 2021)

Always there

01 Wednesday Sep 2021

Posted by in Uncategorized

≈ 1 Comment

Tags

, , , , , ,

Kamala Harris (D) [2019 file photo].

Statement by Vice President Harris on Texas Law SB8
SEPTEMBER 01, 2021

Today, a new law takes effect in Texas that directly violates the precedent established in the landmark case of Roe v. Wade. This all-out assault on reproductive health effectively bans abortion for the nearly 7 million Texans of reproductive age. Patients in Texas will now be forced to travel out-of-state or carry their pregnancy to term against their will. This law will dramatically reduce access to reproductive care for women in Texas, particularly for women with low incomes and women of color. It also includes a disturbing provision that incentivizes private citizens to sue anyone who assists another person in receiving an abortion.

The Biden-Harris Administration will always fight to protect access to healthcare and defend a woman’s right to make decisions about her body and determine her future.

###

Previously:

Susan Collins (r) weighs in (September 1, 2021)