4971

Which is another way of saying “texualism is great until you don’t like the text.”

4972

Any Justice who writes a dissent thinks that they are better than their peers at understanding the Constitution.

4973

I am not a conservative by any means, but this is a deeply unfair portrayal of Thomas. Clarence Thomas is a principled judge with an interesting judicial philosophy that is distinct from the originalists on the court. I think he is almost always on the wrong side of issues, because I disagree with his method of interpretation, but Thomas is a sharp justice.

That being said, if he resigned I would be ecstatic.

Ginsburg, on the other hand, is a national treasure and deeply underrated vis-a-vis Scalia.

4974

But he doesn’t ask questions from the bench that allow journalists to speculate about which way he’s leaning on a case! Clearly dull. (I might be wrong, but I feel like this one oft-highlighted fact is the main source of people’s opinions on Thomas’ intellect and jurisprudence.)

(Oh, huh. Ran across this after a google search. I had no idea about any of this: https://www.usnews.com/news/articles/2016-03-30/why-clarence-thomas-rarely-speaks-from-the-supreme-court-bench)

4975

I feel like Thomas often makes up a justification for his rulings after the fact.

I respected Scalia and Thomas is certainly better than Alito, but I don’t agree with his ideology or his use of it at the end of the day.

4976

Thomas is an outlier. He doesn’t belong there.

4977

She can’t even understand why there is a question. The rule now is the Senate is obliged to go along with a President’s nomination if the same party controls, otherwise the Senate is to obstruct and hinder. All else is rhetoric.

4978

Man, what a fucking nutjob.

image

4979
4980

John Roberts again siding with the court’s liberal wing.

4981

Trump seems to be ignoring the Supreme Court’s ruling on DACA. The legimicay of the court is being threatened when there’s no one around to enforce its ruling. I don’t think the majority of the court are thrilled with the idea of a future where the only way a court’s ruling matters is if it’s been forced by the other party. They have little reason to cow tow to a Trump administration now.

4982

The thing is that the courts are slow, even after the SCOTUS makes a decision. The administration isn’t ignoring the court, they are just stalling.

For instance, right now they no longer denying applications, per the SCOTUS decision. They merely need time to make a decision. Just like they need time to update their website. After all, the SCOTUS itself did not specify a deadline.

This legal maneuvering is unfortunate but it’s not extraordinary. Remember, lawyers are what give “rules lawyers” a bad name!

The lower courts recently told DHS to update their website within 30 days, so expect no changes until late August. Courts are basically going to have to babysit the administration every step of the way.

4983

Lol you are really stretching to suggest the Trump admin isn’t flouting the SC’s judgement. They admitted they are stalling to “determine next steps.” But the SC didn’t give them that option.

They could easily just start accepting applications again. Every system that existed before they stopped still exists today.

4984

The SCOTUS didn’t order the administration to do anything. They reversed and vacated several prior rulings, explained their reasoning, and sent the cases back to the lower courts. That’s it.

The judgment in NAACP, No. 18–588, is affirmed.7 The judgment in Regents, No. 18–587, is vacated in part and re-versed in part. And in Batalla Vidal, No. 18–589, the Feb-ruary 13, 2018 order granting respondents’ motion for a preliminary injunction is vacated, the November 9, 2017 or-der partially denying the Government’s motion to dismissis affirmed in part, and the March 29, 2018 order partially denying the balance of the Government’s motion to dismiss is reversed in part. All three cases are remanded for further proceedings consistent with this opinion. It is so ordered.

It’s pretty clear that the government will lose in the lower courts, and sensible litigants would give up and stop wasting everyone’s time. But now we’re in the “bird law” phase of the case, and the government is allowed to keep arguing in court until the judge decides they’ve heard enough and issues an order. And so far the only order is to update a website within 30 days.

4985
4986

4987

To the tune of “Hang on, Sloopy”…

Hang on, Ruthie, Ruthie hang on!

4988
4989

So, that means Biden will have a lot of freedom while in office?

4990

Of course not. It’s a stay of a lower court ruling, meaning there’s no precedent; should Biden attempt to do the same thing the Court will suddenly discover the Constitution again.