This is a relief. Though it’s disgusting that 4 SC justices do not appear to care about human life.
BREAKING: The Supreme Court, by a vote of 5-4, has cleared the way for federal agents to remove the razor wire fencing along the Texas-Mexico border which Biden administration officials and immigration advocates had called dangerous and inhumane. https://t.co/EGaASy6hLP pic.twitter.com/O9BR34wKBp
— ABC News (@ABC) January 22, 2024
Steve Vladeck names names.
#BREAKING: By 5-4 vote, #SCOTUS *grants* Biden administration request to vacate Fifth Circuit injunction in Texas border razor-wire case; clears way for federal officials to remove physical impediments to the border.
Justices Thomas, Alito, Gorsuch, and Kavanaugh dissent.
— Steve Vladeck (@steve_vladeck) January 22, 2024
h/t Dorothy Winsor for breaking the news in the previous thread.
The Department of Homeland Security has also argued that the state’s activities interfered with clear federal supremacy in setting border enforcement policy.
The Supreme Court’s order did not elaborate on the decision. It means federal border agents can resume full control of the contested border area while litigation continues.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have denied the administration’s request to lift a lower court injunction that was blocking removal of the wire.
I have been seen a lot of talk over the past week comparing this disregard of federal supremacy to the actions that were in defiance of the ruling on desegregation all those years ago. Happy to see the defiance generally called out in the legal proceedings, even if the filings didn’t mention the connection with desegregation.
Open thread.
Baud
6 justices don’t care about human life. 2 of them happened to actually read the law in this case.
Villago Delenda Est
@Baud: On target, fire for effect.
MisterForkbeard
How the fuck did this ever get to 5-4? What part of “The federal executive branch controls immigration and border actions” have the Supreme’s not understood?
Oh, it’s the “Republican federal executive branch controls immigration and border actions, unless the local governors want to kill brown people” strict constitutional reading.
Yutsano
Oh good. Something to discuss that isn’t “A.I. is coming to get me!” that I can imagine Abbott choking on his salad over. I don’t really care how the 5 got to their conclusions. I just care the right thing will now happen.
Villago Delenda Est
@MisterForkbeard: The Federalist/Feudalist Society hates the Enlightenment, the Constitution, and the very notion of the rule of law. We’d retrograde back to Divine Right if they had their way, and this is proof.
waspuppet
“How many divisions has John Roberts?”
—Murderer Greg Abbott right now, probably
Scout211
The case is not over.The 5th will hear arguments on February 7th.
But at least lives will be saved and the Federal Government can still do its job at the Texas border right now.
Leto
@Villago Delenda Est: repeat
Villago Delenda Est
@Leto: You know the lingo!
geg6
@Baud:
This.
trollhattan
“If they’re invading, are they even people?”
The vile four, probably.
WaterGirl
@Scout211: I have begin to wonder if any court case is ever really over. It feels like the appeals and delays go on forever.
Scout211
I beg to differ. They care about zygotes, fetuses and billionaires.
WaterGirl
@trollhattan: Not if the people are brown and poor, apparently.
AlaskaReader
Such a polite way of saying it, no?
Points for saying it, even so. Way too many still don’t want to believe it.
Leto
@Villago Delenda Est: yes sir; learned that in tech school (A school), had to know it for deployments, as well as taught it during my time as an instructor. My career field (2E1X3) has a long history joint integration. It’s also where the TACP originated (they were originally ROMADs).
WaterGirl
@Scout211: Are any of those people? :-)
Leto
@Scout211: if we don’t care about the poor billionaires, who will??? – SCROTUS 6
fairdinkum
Thomas, Alito, Gorsuch, and Kavanaugh need to be required to take remedial Con Law courses, tied to student desks and their eyelids taped open.
WaterGirl
@Leto:
FTFY
comrade scotts agenda of rage
@fairdinkum:
Or that.
Leto
@WaterGirl: good catch :)
Scout211
In O/T news, more intrigue in Georgia.
The judge in the divorce of Wade v Wade has put the deposition of Fani Willis on hold and order the divorce records to be unsealed.
prostratedragon
When I saw this, I took it as a generic sign that somebody, Parloff, has had enough.
Then I saw this crap. They’re kicking the lying up a notch.
Another Scott
@MisterForkbeard: +1
It’s infuriating.
I remember not all that long ago when the SCOTUS ruled on something and the lower courts understood the ruling, and the state governments understood the ruling, and things that were clearly against the SCOTUS ruling would not keep moving up the chain unless there was something compelling, especially if they didn’t have standing.
Now, these RWNJs have no compunction about court-shopping and filing lawsuits about anything at all.
RWNJ – “These people existing violate my strongly held religious beliefs, therefore I’m going to write a law that anyone can sue them into poverty and since it’s not the state enforcing there’s nothing you can do to stop me.”
SCOTUS – “What an interesting legal theory. We’ll let it stand while we ponder…”
Like you, NO, I’m not going to give a couple of RWNJs kudos for being able to understand clear English and 200+ years of federal supremacy doctrine. Brickbats to the 4 on the other side.
Isn’t it about time for the SCOTUS to slap the 5th Circuit around and tell them to stop with this crap??
Fight for 15!!
Grr…,
Scott.
Yutsano
@Scout211: Ugh. I hate to say it but Fani Willis is not looking good here.
Soprano2
@AlaskaReader: I would love to know how these purported “originalists” who say they believe in the plain language of the Constitution get around the Supremacy Clause. “We don’t like the federal government right now, so we think the Supremacy Clause isn’t a thing”? “Oogga booga scary brown people?” I mean, really it’s insane to think each state can set their own immigration policy.
HumboldtBlue
@Yutsano:
Nope.
prostratedragon
@Yutsano: Nothing new against her here at all. The judge noted that she was subpoenaed in connection with the financial arrangements of the divorce, but that Wade himself has not even been deposed, and in fact the wholw action has been dormant for months. Therefore it is not clear to the judge that Willis’s testimony is even warranted. The unsealing of the materials on file concerns some technicalities I’m not getting near.
trollhattan
So, Elmo had this great idea and we love those.
Pro-semitic, gonna have to remember that one.
Another Scott
Meanwhile, PM Rishi Sunak haz a sad.
Amazing. AFAIK, the House of Lords is almost always a rubber stamp. Sunak must be furious.
Yet another illustration that these incompetent RWNJs can’t count.
Cheers,
Scott.
Another Scott
@prostratedragon: Thank you.
I refuse to get drawn into the sturm-and-drang about Willis and what may or may not have happened in her personal life. Being led around by the press and the RWNJs and pushed to rush to judgment has never, ever, been good for us.
Eyes on the prizes.
Cheers,
Scott.
WaterGirl
@prostratedragon: Yeah, all I read was that the papers to requesting that the records be sealed were somehow not filed properly. ??
geg6
@Yutsano:
Whoever ordered the sealing of the divorce case is the one looking bad. Not sure if that was a Fani Willis request, but whoever did it wasn’t following the law.
WaterGirl
@trollhattan: Lying liar who lies.
Jay
@prostratedragon:
I am guessing that Georgia doesn’t have no-fault divorce.
Here, you don’t go to Court. You draw up a separation agreement, (financial responsibilities, custody, visitation, etc), with or with out lawyers, a year on, you draw up a divorce agreement, with or with out lawyers.
Once signed by both parties in front of a witness, (lawyer, notary) it get’s filed with the court, and you are divorced.
What can often hold up the process is the “disposition of jointly owned property”, often a house, which has to be sold, as neither partner can afford to “buy” the other one out, and the true value of the property, (and fair division of the value) can only be established by a sale.
Unfortunately, the speed and ease of the process does have a few problems. Often the choice of a separation and divorce is not mutual, and one partner gives concessions in the separation agreement, hoping to “heal” the relationship that become baked in in the divorce agreement. IMHO both partners should be at the stage where they both agree that the relationship is over, before anything is committed to paper.
prostratedragon
@trollhattan: How my heart sank when I read the first paragraph of the quote.
prostratedragon
@WaterGirl: Yeah, don’t really know what that means, maybe that the sealing procedure has to repeat from scratch?
trollhattan
@prostratedragon:
Yup: Auschwitz photo op was not on my 2024 bingo card. And it’s only January.
Odie Hugh Manatee
@Baud:
You zeroed in on that truth and nailed it dead center. I do hope that we are billing Texas for the removal costs. If so, I think it would be nice to have the bill hand delivered to the hateful prick that a majority of Texas voters chose for their governor.
Fuck that majority of Texas voters and please do use Abbot as the dildo because that’s exactly what he is.
trollhattan
See all the “Californians flee for Texas” articles but I didn’t realize there’s a missing part.
“It’s cheap, there’s freedoms everywhere, and you get ME” are all pretty compelling.
TBone
https://m.youtube.com/watch?v=LIovUBTrTa0
WaterGirl
@prostratedragon: One would think, though, that it would remain sealed while they are jumping through the hoops to seal it again.
Ken
@trollhattan: “Once we cross into Texas, you’ll have to stay with me, cause women aren’t allowed to leave the state on their own!”
Jackie
This OT, but it gives me great pleasure every time I read it!😊
karen marie
I’m a bit surprised no one’s commented on the gorilla in the decision – Coney-Barrett.
Did she get the short straw because she’s the new kid?
I take the 5-4 ruling as a threat by the so-called conservatives. “We didn’t fuck with federal jurisdiction this time but don’t think we won’t.”
Yutsano
@Jackie: That was the most paywall of paywalls I have ever seen!
EDIT: I’ll be back on the dry side here soon recovering at my parents’s place. I’ll keep y’all updated.
karen marie
@Another Scott: Thank you. I started to write something similar earlier but I accidentally closed the tab.
Jackie
@Yutsano: Oh, I didn’t realize it was paywalled! I was just enjoying the summation. I’ll seek an un paywalled source.
Here’s one:
https://newrepublic.com/post/178306/house-republicans-shrink-majority-chaos
TBone
https://m.youtube.com/watch?v=3uMRpNwelDk
Betty Cracker
Regarding the Willis issue, I ask myself if I would find the actions she took improper if a crappy MAGA Repub DA did them. The answer is yes.
Leto
@Jackie: Ed O’Oneill (Modern Family, Married with Children) returned his honorary degree over that appointment. Had a pretty good rant about it too.
WaterGirl
@Jackie: I can’t recall. Do Dems have
218 or 216?edit: oh, looks like we had 212.
Barbara
@Betty Cracker: I don’t know whether it was proper or improper but I don’t understand why the defendant has standing to assert them.
Unless the prosecutor is suspended from duty, life goes on as normal in prosecutions.
JaySinWA
I was reading a counterpoint to a David Brooks column here:
https://donmoynihan.substack.com/p/what-david-brooks-gets-wrong-about
(not paywalled, just say no to subscription)
There is a section on Health care administration costs imposed by free market forces that echo some of David Anderson’s posts here. But the whole article talks about how Brooks gets much of his arguments wrong, while agreeing with the premise of the “time tax”
Here’s a pretty solid argument that Trump will make bureaucracy worse:
lowtechcyclist
@WaterGirl:
Wikipedia says 213; Rethugs have 219.
EarthWindFire
Those six LET THEM BE BORN, so their work is done./paraphrased from actual RWNJ who I am no longer friendly toward
Scout211
I’m reserving my opinion on all of this until we get past the accusations and hear some actual facts. I may agree with you in the end but in my opinion, the facts aren’t known yet
TBone
https://m.youtube.com/watch?v=ubvV498pyIM
Alison Rose
I’m really not enjoying living in the “some people think it’s totally okay to slice humans apart with razor wire because they wanted to exist somewhere near you” timeline.
Omnes Omnibus
@Barbara: I agree.
prostratedragon
@WaterGirl: That’s definitely part of what I don’t understand.
Jackie
@Leto: I remember reading that! I wonder if others followed suit.
Alison Rose
@JaySinWA: I do love that the URL is just “What David Brooks Gets Wrong about” because that is truly an evergreen fill-in-the-blank subject line.
prostratedragon
@trollhattan: How times have changed. With Prince it was Tennessee. Tennessee.
Citizen Alan
@Scout211: No, just millionaires (or more probably, just the billionaires). No Republican has any concern for zygotes or fetuses or else they would give a shit about our abysmal rates of miscarriage and infant mortality. They value fetuses and zygotes SOLELY for their use in inflicting suffering and even death on women. Eve at the apple, and all women must suffer.
Jay
@Betty Cracker:
So far, the only thing amongst the allegations that has been confirmed, is that she took “free” airplane tickets from a subcontractor and travelled with him.
As I commented previously on the same subject, I bought lots of tickets for various people, because I was travelling so much for work, (who bought my tickets) that I had accumulated so many AirMiles points that I would never use, (back in the day, the passenger got the points, not the purchaser). So, in one case, I flew “The Boys From Cleveland” (a Hardware Vendor) out and back on my AirMiles, because I really needed to meet with them urgently, face to face, on a major issue.
So far, all of the “smoke” are allegations, so it’s a little early for the torches and pitchforks.
Cough, cough, cough, SCOTUS,………
Jackie
@Scout211: I’m with you. I hope it’s much ado over nothing, but it will be what it is.
Nobody’s perfect; we’re humans, after all. I like to think we hold Democrats to the same standards as republicans.
TBone
@Barbara: the defendant Roman was a Koch operative (oppo research) according to Jane Mayer. I don’t see why he has standing either.
JaySinWA
@JaySinWA: Sorry, not just Trump, he talks about conservatives actively working to break things.
@Alison Rose: Evergreen should resonate here.
TriassicSands
Justices Thomas, Alito, Gorsuch, and Kavanaugh dissent.
There has never been any doubt that Thomas and Alito are two of the worst SCOTUS justices in our history. When Gorsuch was appointed, I speculated that he could become the worst justice of all. I was all-too-aware of whom his mother and the bottomless pit of corruption and depravity she was. I feared that Neil would be his mother’s son. He has more than lived down to that expectation. His mother would be proud.
Kavanaugh is the least consistently terrible of the four, with occasional votes that separate him from the other three, but I would never suspect him of caring about people. The whole anti-abortion garbage is about, I would guess, mindless adherence to religious doctrine with no actual concern for the fetus.
I assume he values adult human beings primarily based on their potential as beer-drinking partners.
WaterGirl
@TriassicSands: You forgot to mention that for the rapey beer judge, women are there for the taking.
Another Scott
@Scout211: @Citizen Alan:
It’s all an attempt to break the Democratic coalition to win elections. That’s what all this stuff has been about for decades.
(repost) – Jill Lepore at the NewYorker – Birthright (from November 2011):
(Emphasis added.)
They care about abortion as much as they care about flag burning and the Pledge of Allegiance and balancing the budget – zero. Absolutely zero. They care about finding ways to win elections when they no longer have the majority of voters.
Grr…,
Scott.
Scout211
And most of the allegations are coming out of a contentious divorce that was improperly sealed by a judge who has since recused herself. The attorney for Wade said that both spouses agreed to seal the records originally. Ms. Wade’s attorney did not object when the judge ordered the records unsealed today. AJC
These are still not facts that back up Roman’s contention that Willis has a conflict of interest in his case.
Geminid
@Barbara: The prosecution itself would not normally be affected by these allegations, it seems to me. The judge in the RICO case, Judge Atkins(?), says he will hold a hearing on this question in early February and has asked Willis to file a statement by February 2nd.
Ms. Willis seems to violated her own office’s ethics code, though. I think they require an employee to avoid even the appearance of impropriety. A lot here may come down to her alleged “paramour’s” billing practices. They’d better be on the up and up; if they aren’t he and Willis may have criminal exposure
Ed. We’ll probably know about the billing before too long. I think this is a situation where everything is honna come out.
zhena gogolia
I can’t bring myself to look into the Willis affair. I didn’t like her speechifying about it in church.
Villago Delenda Est
@Leto: This is why one always says “say again” when asking for some clarification on a radio-telephone.
Salty Sam .
never mind…
Omnes Omnibus
@Villago Delenda Est: I have been out of the army over 30 years now and hearing some say “repeat that” still puts my stomach in a knot.
Alison Rose
@WaterGirl: Yepppp. And you know, I usually hate the “what if it were your daughter” framing, but in his case…he has two daughters. What if one of them came home and told him a guy did to her exactly what he did to Ford? How would he think of those actions if they’d been committed against his child?
TriassicSands
That’s a pretty strange headline. “Let the Chaos Begin”
Begin? With the Republican majority when has it ever stopped?
TriassicSands
@WaterGirl:
You’re right.
Corrected:
I assume he values adult men primarily based on their potential as beer-drinking partners. Women are simply there for the taking. (In that, Kavanaugh is very much the “originalist.” Imagine how many mixed-race Kavanaugh descendants there would be if he had owned slaves.)
Omnes Omnibus
@Alison Rose: He would want to know why she was being slutty. After all, he raised her better than that.
Villago Delenda Est
@TriassicSands: Gorsuch tends to be good about Native American issues. Everything else, not so much.
Villago Delenda Est
@Omnes Omnibus: Your SigO trained you well!
Quinerly
@zhena gogolia: the church stunt troubled me.
Alison Rose
@Omnes Omnibus: I hate that you’re probably right.
Omnes Omnibus
@Villago Delenda Est: That’s not SigO stuff. That’s gunnery stuff.
zhena gogolia
@Quinerly: A person who felt confident in their actions wouldn’t do that, IMO.
Omnes Omnibus
@Quinerly: @zhena gogolia: She knows her base better than we do. She was shoring it up.
Quinerly
@zhena gogolia: I totally agree.
Another Scott
@Omnes Omnibus: I’m reminded of various Black church videos from Obama’s days. Different churches have different cultures.
I figure I’m not the audience.
FWIW.
Cheers,
Scott.
Quinerly
@Omnes Omnibus: maybe so….I would have preferred her not doing it in church.
CarolPW
@Yutsano: Look at Anna Bower’s twitter (lawfare). She found no there there in the unsealed documents.
ETA Fuck, how did I get so far behind!
Odie Hugh Manatee
Conservative christians use abortion as a weapon to control/harm others outside of or for not complying with their beliefs. Conservative christians do not care one bit about a child unless that child is ‘one of theirs’. All other children can beg or starve for all they care. That ‘those’ children exist and/or suffer at all is the sin of their parents and not their problem.
There’s nothing like a christian conservative hearing about someone they hate having to comply with the rules and laws that conservative governments impose. They’re happier than a dog rolling in shit.
prostratedragon
@CarolPW: Here’s a thread from Anna Bower:
AlaskaReader
@Soprano2: …the only thing this court has proven is no precedent is secure with this court.
CarolPW
@prostratedragon:
Thanks, linking to twitter is not in my tool box yet.
gene108
I wonder if the Federalist Society or other conservative group is trying to use this Texas case to game out a way to legalize nullification, if Texas wins.
If Texas wins, it may just apply to this specific case or maybe any border states wanting their own immigration enforcement, but eventually states could start challenging federal authority on whatever laws they don’t want to follow. All it will take are conservative judges deciding states rights prevail over federal supremacy in the law. The Texas immigration lawsuit could be part of broader plan to upend the law as it’s been known for 200+ years.
I don’t trust conservative judges. A lot of them are just political operatives, who go along with the conservative agenda despite the law.
Cheryl from Maryland
@JaySinWA: THIS. I went to a DEI training where two lawyers demolished the idea that an employee’s religious feelings prohibited an LGBT employee’s right to display a wedding photo. Fuck that noise.
Odie Hugh Manatee
@gene108: “conservative judges deciding states rights prevail over federal supremacy in the law”
Conservative judges isn’t descriptive enough… how about confederate judges? Because that’s what they are when they put states rights as superior to current federal law/regulations.
The confederacy is trying to rise once again but this time they are trying to take over from within.
moonbat
I just remember how we lost a very good senator in Al Franken because of a rush to judgment on our side and will wait for all the facts to come out before taking a Trump attorney’s word for any damn thing.
strange visitor (from another planet)
@moonbat: oh, FFS. franken RESIGNED. he displayed consciousness of guilt; he knew he fucked up. he grabbed on seven or eight women one was a congressional aide. how many of them were political operatives
eta- how many more fucking times are we gonna fight over this tired bullshit?
Manyakitty
@strange visitor (from another planet): right? Also, we knew he’d get replaced by another Democrat, and his resignation got us Doug Jones. Who the clueless fucks of Alabama replaced with the third senator from Florida 🥔
Chris T.
@prostratedragon: [ref to Xitter stuff about NV]
This is off topic as it were, and maybe deserves its own thread, but: WHAT THE FUCK IS HAPPENING IN NEVADA?
So, I’m not quite as much of a politics nerd as some, but I thought I was pretty aware of things. But it seems that NV Republican politics has gone even more nutsoid than usual: they’re having a standard primary type contest on the 6th, and then a completely separate caucus contest on the 8th.
The candidates in the primary are (mostly?) not in the caucus and vice versa, and the R party in NV has pledged to award delegates based only on the caucus…? So if, say, Haley wins the primary by a landslide and then Trump gets only 40% of the caucus, Haley gets zero delegate votes? How will this work in the general election?
WaterGirl
@strange visitor (from another planet): You are not stating facts, you are stating opinions.
Some other people have very opposite opinions.
I suspect we are going to be fighting about this until the day that everyone stops bringing it up.
strange visitor (from another planet)
@WaterGirl: i mean, it’s a fact that he resigned. it’s a fact that there were at LEAST seven women who came forward with stories about his misbehavior.
really, were they ALL ratfuckers?
if he wanted due process, i’m sure he could’ve waited it out. but yeah, he quit. he wasn’t forced to go, he walked away. that’s a fact
eta- and as manyakitty says, he was totally replaced by a competent democrat.
WaterGirl
@strange visitor (from another planet): You wrote:
The two words I bolded are a fact. The rest is not.
TriassicSands
@Villago Delenda Est:
I don’t rule out the possibility that he, or any of them, could be good on particular issues or individual votes. Apparently, Gorsuch presided over the wedding of a same sex couple, so he may be a reliable vote to help stop Thomas and Alito from tossing same sex marriages. Fortunately, I think the corner on that issue has been turned. It’s been the law now for 8-1/2 years and millions of people now have seen that the world has not collapsed because two men or two women have been allowed to marry.
However, Gorsuch’s mother was horrendously bad. His politics, if they are anything like hers, and there is considerable evidence they are, are both terrible and very likely to influence his jurisprudence. His testimony in his hearings was the standard dishonest, disingenuous BS that right-wing justices are known for. One interesting thing I noticed in his testimony was that more than once he used the words “Democratic party,” but one time, he slipped, and used the typical Republican reference to “Democrat party.” The only people who say that are the severely grammar-challenged and hyper-partisan RWNJs. Clearly, like others, he was misleading about his respect for stare decisis and there was never any doubt in my mind that he would vote to overturn Roe v. Wade.
Odie Hugh Manatee
@strange visitor (from another planet):
I seem to remember that a lot of Democrats in office called for him to resign. There was almost immediate pressure on him to do so.
There was a rush to judgment.
strange visitor (from another planet)
@Odie Hugh Manatee: i mean, it turns out he was quite a handy fellow. so, you know, good riddance. but again… dude had agency. he didn’t HAVE to resign, regardless of what other people said.
strange visitor (from another planet)
@WaterGirl: fair. the rest though, is spot on.
Odie Hugh Manatee
@strange visitor (from another planet):
You call what WaterGirl said fair and then say the rest of your crap is true…lol! Did you even read what she said?
Take your bullshit and shovel it somewhere else.
strange visitor (from another planet)
@Odie Hugh Manatee: maan are you a hugh manatee or a huge idiot? yeah. it’s my opinion that he shows consciousness of guilt. a guy who’s gonna grab on women left and right may be too far gone to HAVE consciousness of guilt.
so that’s my fucking opinion. it’s fucking FACT he resigned after it came out that he acted improperly with seven women PLUS. one was a democratic congressional aide.
how many women have to say something before you fucking BELIEVE them?!?
so yeah.
wjca
Well, such lack of caring about other people is hardly surprising in a rapist, now, is it?