The Supreme Court ruling torching nationwide injunctions is not “‘an existential threat to the rule of law,’” Nicholas Bagley writes. It left “the door open for other forms of relief that are not nationwide injunctions—but look a whole lot like them”:
I fear for far more than just birthright citizenship. If we don’t stop this Mo one will willingly volunteer to migrate here.
That's cool. Remember this when when the next Democratic or Independent is elected. Good for goose good for gander
Actually, I wouldn’t put any money on what this SCOTUS court would do. I can see the birthright citizenship case getting a split decision that could go either way.
Bullshit. This is the kind of cognitive dissonance that keeps power comfortable and people invisible. Living in abstractions while families live in fear. You can’t “wait and see” a policy like this. Hundreds of thousands are already in limbo. Rights that turn on zip codes aren’t rights at all.
I should order some good ole abortion drugs online, attend some gay weddings and demand my state legislature pass more restrictive gun laws - while I contemplate the implications of this order
This lipstick on a pig schtick is dangerous.
Reassuring.
People forget that this court has been consistently limiting the availability of class actions.
And I'm reading class action lawsuits are more cumbersome
Class cert will take months if not years. Meanwhile trumps EOs are in effect. This is a disaster. Justice delayed is justice denied.
“Well nationwide injunctions didn’t start until the late 1900’s! So it’s fine to get rid of them… because innocent citizens can just find a class action group to join, to prevent getting black bagged to a concentration camp in Rwanda!” Meanwhile, from the Harvard Law Review:
Setting in motion not a country of uniform rights and laws but rights and laws that will vary by region (or by the 13 districts) - aka Hunger Games.
I think the Supreme Court is signaling through this decision that they are not going to do the job of Congress. It is the job of Congress to restrain the president and the Supreme Court is not gonna take that job. They’re making that clear.
Kicking the can down the street
Wrong wrong wrong. Covering up for fascism is...fascist.
Does anyone get Atlantic? Curious about what tris says
If the president wants to issue an executive order to disappear people, it’s not reasonable to think Congress can pass a law or courts to intervene without a nationwide injunction. Justice Jackson understands the consequences. The court could have created a compromise(test) for national injunctions.
Congress should pass a law forcing all executive orders to be legally reviewed by the Supreme Court or independent council to ensure legality in the hopes it creates efficiencies and stops possible blatant violations of the constitution. A person can dream right?
Having lost the Rule of Law, readers are supposed to take solace in their (expensive) retail remedies. Are you folks capable of thinking clearly about anything?
White dude with plenty of money and resources: “Oh don’t worry vulnerable poor people! You can just research a class action to join in order to protect your basic civil rights… maybe! Just watch out for those masked gov’t forces looking to force you out of the country in the meantime!”
No. Effective constitutional protection requires accessible, timely relief - not complex, expensive, years-long legal processes that most people can’t afford while constitutional violations proceed unchecked.
It also means, more importantly, they can kidnap someone, no due process, ship them to an unknown foreign country, and no one to file the case.
This article relies on a whole lotta “shoulda/coulda”. this has not proven to be any kind of constraint to a Trump. The 30 day delay will be key but such a delay is not universal to exec orders. Otherwise a “short time” in the legal world is small comfort if you are in jail, deported, lost job etc
This article was a fucking joke
Give them an inch, they’ll take a mile.
But, hang on: in a concurrence, Justice Alito, joined by Justice Thomas, actually said, hey, lower courts don’t just replace universal injunctions with class actions, because that’s not okay either. And the Supreme Court has for years been pro business and made class actions harder to win. Do better
Except that most legal experts have advised that the Supreme Court has to approve class action suits. Do you really think they will approve any?
It sure feels that way because it narrows the avenues to fight illegal government actions. Slippery slope and all that.
Right, because Nicolas clearly knows law better than Justice Jackson or Sotomayor. @theatlantic.com is this a fucking joke?
Graphic courtesy of the Make America Eddie Van Halen Again movement 🤘
From Europe: The fear is unchecked executive power and a marginalized / corrupted judicative. Historic precedent indicates it will not end well for the US. In other words: The democratic experiment is coming to a close.
SCOTUS will stop those too soon enough.