So, I've been thinking a lot about how to encapsulate my analysis of the supreme court and its decisions at the moment.
I'm furious and frustrated and out of patience - and by necessity I need to set those aside temporarily to make my point.
Since 2016 and the theft of a supreme court seat by Mitch McConnell, I've paid much closer attention to the decisions of the supreme court by reading the opinions directly.
To make a very long story as short as possible, many of these decisions, when read without the assumption of good faith, are clearly outcomes-driven rather than law-driven. Put differently, the conservative justices frequently misrepresent facts of the cases before them, ignore relevant precedent, or make claims that the precedent allows for the OPPOSITE conclusion (which doesn't stand up to even my cursory reads of the precedential cases' decisions).
All of this adds up to a court acting in supremely bad faith, and hiding their decisions and literal logic errors in reams of text.
After July 1st, 2024, there were no fig leaves left to shelter their bad faith actions, and as such I work from the assumption that every decision they make must prove its good faith.
When you look at yesterday's decisions from this perspective, the fact that all nine justices said that due process must be observed in the future doesn't help the current plaintiffs one solitary bit. As they failed to specify what a reasonable interval for habeas requests must be, they have done little to curb the behaviors of Trump et al. Finally, Robert's issuance of an administrative stay while an admittedly wrongfully-rendered man is held in a foreign prison of great notoriety reinforces this status quo.
None of this is remotely acceptable, and I urge you all to treat any and all court decisions in bad faith unless proven otherwise.
Benjamin- you speak 100% truth. The corrupt Supreme Court conservatives make up law ( Congress’ job),ignore precedent, twist facts, & delay decisions far too long. Roe v Wade was the 1st time I saw them ignore precedent & stari decisis. The CO ballot decision, the immunity decision blatantly ignored clear language in the Constitution. The Supreme Court is corrupted
One other point that I'm still struggling to articulate right now:
One of the reasons we have human judges rather than the legal equivalent of actuarial tables is so that judges can exercise judgment. As such, when a decision that seems perfectly legal on paper will do harm to individuals with little protection or resources, they should err on the side of our most marginalized (not for our billionaire class, to be abundantly clear).
From this perspective, any decision that keeps individuals who were never given due process in captivity is, by definition, the wrong one.
So, I've been thinking a lot about how to encapsulate my analysis of the supreme court and its decisions at the moment.
I'm furious and frustrated and out of patience - and by necessity I need to set those aside temporarily to make my point.
Since 2016 and the theft of a supreme court seat by Mitch McConnell, I've paid much closer attention to the decisions of the supreme court by reading the opinions directly.
To make a very long story as short as possible, many of these decisions, when read without the assumption of good faith, are clearly outcomes-driven rather than law-driven. Put differently, the conservative justices frequently misrepresent facts of the cases before them, ignore relevant precedent, or make claims that the precedent allows for the OPPOSITE conclusion (which doesn't stand up to even my cursory reads of the precedential cases' decisions).
All of this adds up to a court acting in supremely bad faith, and hiding their decisions and literal logic errors in reams of text.
After July 1st, 2024, there were no fig leaves left to shelter their bad faith actions, and as such I work from the assumption that every decision they make must prove its good faith.
When you look at yesterday's decisions from this perspective, the fact that all nine justices said that due process must be observed in the future doesn't help the current plaintiffs one solitary bit. As they failed to specify what a reasonable interval for habeas requests must be, they have done little to curb the behaviors of Trump et al. Finally, Robert's issuance of an administrative stay while an admittedly wrongfully-rendered man is held in a foreign prison of great notoriety reinforces this status quo.
None of this is remotely acceptable, and I urge you all to treat any and all court decisions in bad faith unless proven otherwise.
Benjamin- you speak 100% truth. The corrupt Supreme Court conservatives make up law ( Congress’ job),ignore precedent, twist facts, & delay decisions far too long. Roe v Wade was the 1st time I saw them ignore precedent & stari decisis. The CO ballot decision, the immunity decision blatantly ignored clear language in the Constitution. The Supreme Court is corrupted
One other point that I'm still struggling to articulate right now:
One of the reasons we have human judges rather than the legal equivalent of actuarial tables is so that judges can exercise judgment. As such, when a decision that seems perfectly legal on paper will do harm to individuals with little protection or resources, they should err on the side of our most marginalized (not for our billionaire class, to be abundantly clear).
From this perspective, any decision that keeps individuals who were never given due process in captivity is, by definition, the wrong one.