Gorsuch joins Sotomayor's dissent, along with Kagan and Jackson. Also: The Heritage Foundation goes to Texas to put anti-trans Project 2025 plans into motion.
We need a blue tsunami 🌊🌊🌊 in November so Congress can rein in the Supreme Court, which is not following established law and the Constitution, but is governing based on their religious beliefs. There need to be enforceable ethics for the Supreme Court. There should be term limits. Those who have been corrupted by gifts & money should be impeached. The number of members should be increased so that the Court can reflect the will of the people. I understand that these changes can’t be established immediately, but we could make a good start on it; in fact we could start with Clarence Thomas, who blatantly accepts millions of dollars of “gifts” from donors who have issues before the court, and whose wife participated in the J6 Insurrection.
This is horrible, the supermajority in the corrupt Supreme Court is despicable and disgusting. I feel sick to my stomach and scared right now because of all the rights they’re trying to strip away from everyone. I hope we can do something about it, this is utterly terrifying. They’re trying to control everything and it’s not right. 🤬😤🤮
The judge shopping MUST stop. It completely destroys the integrity of the federal judiciary. It's scandalous that on a national issue you can simply pick your judge. And as for the Supreme Court, it is at this point lawless. Gorsuch recognizes that even five year old decisions are now fair game for reversal based on nothing more than appointees' political views - which have been bought and paid for. To all those "constitutional conservatives" who think they're winning: things like this are going to trigger permanent changes that they will not like.
I'm not completely sure why the opinions arising from a stay request are found on the Opinion page as compared to the Orders page.
Anyway, the dissenters went along with the majority on the limited issue of the three provisions. The per curiam wants us to know this is "important." Okay. Is the case for those provisions obvious?
[ETA: Reading into it, and I apologize if I missed it when CG discussed this, the government didn't even challenge the injunction as to two of three. The partial dissent wasn't giving up much by going along with the rest there. Not sure why the partial dissent didn't agree with the feds as to the third provision.
But, either way, it is a rather limited point. Steve Vladeck flagged on Twitter that he thinks all the justices were "messy" here & will go into more detail in his Monday Substack.]
This overall issue makes me more convinced there is need for reform of injunctions. The legal system is being abused here as part of a policy fight.
Not sure how this works out in practice, but as a matter of stated procedure, it seems strange that the Government’s burden depends on whether it comes to the court as an applicant or respondent. I think the burden should be on the parties challenging the governmental action in all stay/injunction cases.
So…LGBTG+ people are HUMANS! WTF does it matter? Who one loves or what sex someone identifies as DOES NOT MATTER! Are they good people? IT DOES NOT MATTER! Who are they hurting? Like physically hurting? OMG…I am so done with this stupid “morality” play.
Interesting that Gorsuch joined the liberals here. It might have been shameless for the author of Bostock to do otherwise, but shameless has never stopped a conservative yet. And we know he can't be opposed to sex discrimination because he was in the majority on Dobbs, a case that is to sex discrimination what Dred Scott is to racial discrimination.
What drives the GOP to hate people who cannot do anything to change the sexual orientation they were born with? And why, oh why do they expend so much time and energy discriminating against a demographic that can only hurt the GOP with their votes? And WHY is it even legal to go halfway across the country judge shopping?
What drives them? Religious extremism. The corrupt SCOTUS must be reined in. Democrats need to control all three branches of government after this election. This "decision" is an abomination.
Yes. This. So very important. What they care about is enforcing the male dominance of the female that is critical to their world view. Anything that makes sex more complicated than that, such as the existence of LGBT people, interferes with this goal. When reality doesn't fit their interpretation of their god and their bibles, they feel compelled to erase it.
Also culture wars. They know that these issues motivate their followers and the angrier they can make them the more likely they are to vote red. Plus they distract their base from other Rep policies which will hurt them if enacted, like reducing social security and abolishing the ACA.
"The government didn't do the thing, even though the government explicitly did the thing we are claiming it didn't do. We just ignored everything it said"
The silver lining may be that this outrage against Title IX & Heritage immediate launch of new attacks w the MAGA tool Kaczmarek will HIGHLIGHT THE STAKES of what’s coming if we don’t elect Kamala & win the House & Senate with a bold & robust plan to regain control of federal judiciary & SCOTUS!
This Court has abandoned judicial restraint - another travesty to be added to an already long list it has committed due to shilling for an ethically bankrupt political dogma.
Also, thank you for writing this. I appreciate you doing these pieces, they are very informative and very good.🥰😊💙
We need a blue tsunami 🌊🌊🌊 in November so Congress can rein in the Supreme Court, which is not following established law and the Constitution, but is governing based on their religious beliefs. There need to be enforceable ethics for the Supreme Court. There should be term limits. Those who have been corrupted by gifts & money should be impeached. The number of members should be increased so that the Court can reflect the will of the people. I understand that these changes can’t be established immediately, but we could make a good start on it; in fact we could start with Clarence Thomas, who blatantly accepts millions of dollars of “gifts” from donors who have issues before the court, and whose wife participated in the J6 Insurrection.
Bee in the bonnet, wonder why Trump said he wanted to get rid of the Constitution? They want to end separation of church and state
This is horrible, the supermajority in the corrupt Supreme Court is despicable and disgusting. I feel sick to my stomach and scared right now because of all the rights they’re trying to strip away from everyone. I hope we can do something about it, this is utterly terrifying. They’re trying to control everything and it’s not right. 🤬😤🤮
The judge shopping MUST stop. It completely destroys the integrity of the federal judiciary. It's scandalous that on a national issue you can simply pick your judge. And as for the Supreme Court, it is at this point lawless. Gorsuch recognizes that even five year old decisions are now fair game for reversal based on nothing more than appointees' political views - which have been bought and paid for. To all those "constitutional conservatives" who think they're winning: things like this are going to trigger permanent changes that they will not like.
I'm not completely sure why the opinions arising from a stay request are found on the Opinion page as compared to the Orders page.
Anyway, the dissenters went along with the majority on the limited issue of the three provisions. The per curiam wants us to know this is "important." Okay. Is the case for those provisions obvious?
[ETA: Reading into it, and I apologize if I missed it when CG discussed this, the government didn't even challenge the injunction as to two of three. The partial dissent wasn't giving up much by going along with the rest there. Not sure why the partial dissent didn't agree with the feds as to the third provision.
But, either way, it is a rather limited point. Steve Vladeck flagged on Twitter that he thinks all the justices were "messy" here & will go into more detail in his Monday Substack.]
This overall issue makes me more convinced there is need for reform of injunctions. The legal system is being abused here as part of a policy fight.
Not sure how this works out in practice, but as a matter of stated procedure, it seems strange that the Government’s burden depends on whether it comes to the court as an applicant or respondent. I think the burden should be on the parties challenging the governmental action in all stay/injunction cases.
So…LGBTG+ people are HUMANS! WTF does it matter? Who one loves or what sex someone identifies as DOES NOT MATTER! Are they good people? IT DOES NOT MATTER! Who are they hurting? Like physically hurting? OMG…I am so done with this stupid “morality” play.
Interesting that Gorsuch joined the liberals here. It might have been shameless for the author of Bostock to do otherwise, but shameless has never stopped a conservative yet. And we know he can't be opposed to sex discrimination because he was in the majority on Dobbs, a case that is to sex discrimination what Dred Scott is to racial discrimination.
I can't believe the world we live in. Those arrogant traitors deserve to live in Russia or North Korea.
America can do and has done great evil all by itself, no need to project it somewhere else
I'm more than happy to contribute to the airfare- we don't even really need to land, we'll just open up the bottom hatch and push 'em out.
What drives the GOP to hate people who cannot do anything to change the sexual orientation they were born with? And why, oh why do they expend so much time and energy discriminating against a demographic that can only hurt the GOP with their votes? And WHY is it even legal to go halfway across the country judge shopping?
What drives them? Religious extremism. The corrupt SCOTUS must be reined in. Democrats need to control all three branches of government after this election. This "decision" is an abomination.
Patriarchy. Misogyny. They don't give a shit about trans folks - their number is too small. The target is women.
Yes. This. So very important. What they care about is enforcing the male dominance of the female that is critical to their world view. Anything that makes sex more complicated than that, such as the existence of LGBT people, interferes with this goal. When reality doesn't fit their interpretation of their god and their bibles, they feel compelled to erase it.
Also culture wars. They know that these issues motivate their followers and the angrier they can make them the more likely they are to vote red. Plus they distract their base from other Rep policies which will hurt them if enacted, like reducing social security and abolishing the ACA.
"The government didn't do the thing, even though the government explicitly did the thing we are claiming it didn't do. We just ignored everything it said"
I think I’m confused as to why Roberts wouldn’t join Gorsuch and the 3 liberals here.. he was in the majority in Bostock. What am I missing here 😐
The silver lining may be that this outrage against Title IX & Heritage immediate launch of new attacks w the MAGA tool Kaczmarek will HIGHLIGHT THE STAKES of what’s coming if we don’t elect Kamala & win the House & Senate with a bold & robust plan to regain control of federal judiciary & SCOTUS!
'Even if Trump loses, Project 2025 doesn’t go away.'
This says everything. We have such a fight on our hands.
Jeez, all this fuss because the hacks who run heritage can't be bothered to show their employees basic human decency.
Not true, they love their white male employees. 🤣
Straight white male.
This Court has abandoned judicial restraint - another travesty to be added to an already long list it has committed due to shilling for an ethically bankrupt political dogma.