I’ve been writing this blog for more than 20 years now. In the beginning it was easy, because even though there were terrible things going on at times, there was still some grounds for optimism. Times have changed, and not only are current events scary and depressing, the points to be made are so obvious that it hardly seems worth pointing them out. I mean, Trump and his minions are fascists. That’s obvious to everyone except the mainstream media and the Trumpers themselves, who always find a way to convince themselves that they voted for whatever Trump decides to do, even when its a one hundred and eighty degree turn from what he told them he would do. Latest case in point is the fact that they’re all lining up to support his unconstitutional war
One thing that is true is that so much comes down at once that we often miss the forest for the trees. A case in point is the recent Supreme Court ruling that essentially let Trump deport people without due process, even after the Supreme Court itself had ruled in another case that such people are entitled to due process. The case was decided on the shadow docket, an innovation largely begun by the current Supreme Court, which allows them to issue decisions that fly in the face of settled law without giving reasons.
There was, of course, only a faint possibility that the court would do its duty and take on Trump’s criminality, but it was the only hope we had, as there was no chance that Congress would do so. John Roberts has tried to promote himself as someone who cares about the court as an institution, but this recent decision shows that one push comes to shove, he’ll join the out and out fascists and cave.
It’s amusing that Sotomayor, in her dissent, gave the lower court judge a rationale for essentially ignoring the Supreme Court’s ruling, for he has used her dissent to rule that his orders remain in effect:
Judge Brian E. Murphy: ELECTRONIC ORDER ENTERED. Plaintiffs’ Emergency Motion, Dkt. 174, is DENIED as unnecessary, subject to the below. The Court’s May 21, 2025 Order on Remedy, Dkt. 119, remains in full force and effect, notwithstanding today’s stay of the Preliminary Injunction. DHS v. D.V.D., No. 24A1153, slip op. at 12 (S. Ct. Jun. 23, 2025) (Sotomayor, J., dissenting) (“[T]he District Court’s remedial orders [were] not properly before [the Supreme] Court because the Government has not appealed them, nor sought a stay pending a forthcoming appeal.”). For the avoidance of doubt, and to the extent Plaintiffs N.M. and D.D. are indeed subject to third-country removal, see Dkt. 175 at 5-7, N.M. and D.D. are included among the individuals referenced in the May 21, 2025 Order. (BAH) Modified on 6/23/2025 (PK). (Entered: 06/23/2025)
Don’t expect the Court to allow this. They’ll issue another order.
In any event we now know that the court will do what it can to accommodate the dictator.