We’ve been enduring a slow-rolling judicial coup since 2000, at least.
We’ve just entered a new phase, in which the Supreme Treason caucus just decided that states do have what we fought the Civil War to deny: the right to ignore federal rule at will:
A divided Supreme Court on Tuesday lifted a stay on a Texas law that gives police broad powers to arrest migrants suspected of crossing the border illegally, while a legal battle over immigration authority plays out.
Actual lawyers should weigh in, but there is little or no other area of law in which the issue is as clear and as settled as who gets to run immigration policy in the US. Spoiler: it ain’t the individual states.
The Supreme Junta taking it on themselves to gut the federal gov’t is not surprising; it is, however, a direct attack on the idea of rights and powers that apply across the entire nation. The legal regime the Supreme radicals are imposing on us is, in essence and in my not-a-lawyer humble opinion, a direct attack on the entire idea and edifice of Constitutional gov’t.
I don’t know what can be done about this, but ISTM that this is the moment for apologize-later federal action. Two possible paths: nationalize the TX National Guard and send them to Alaska to protect the border with Canada. And assert federal authority over the border and arrest and indict any TX official or LEO that tries to act under SB 4.
I’m sure there are very good reasons why both of those are a bad idea. But what this lawless court is doing is worse.
I’m out of fucks and out of ideas.
Over to y’all.
This thread is as open as our border is not.
Image: Howard Brodie, European refugees in Germany during World War II, 1945
Ukraine is England in 1940
scav
I’d rather enjoy some national and international groups issuing a tourist warning pointing out that adherence to national (and probably international) laws cannot be guaranteed in Texas and so visitors should proceed at their own risk.
Nukular Biskits
You can thank “BUTTERYMAILS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!” for where we are.
Honorable mention to Senate Democrats for refusing to kill the filibuster when they had the chance.
trollhattan
@scav: Host SXSW in a gulag.
Nukular Biskits
@scav:
Someone should start this rolling on social media.
New Deal democrat
My understanding is that the Supreme Court did not lift a stay. Rather it allowed the previous stay by the (batshit crazy) 5th Circuit of a District Court injunction against Texas’s law to remain in place, at least temporarily.
It looks like there are at least 5 votes to overturn Texas’s law on substance, because here is part of what Barrett and Kavanaugh wrote:
in other words, a big fat hint that the 5th Circuit needs to decide this correctly on the merits, and pronto!
Still, the Court majority is prioritizing its own administrative procedural niceties over bedrock substantive Constitutional power by another Federal branch, when the latter shouldn’t have to be delayed even a nanosecond.
BR
In some ways this takes the mess off the federal government’s plate for the election, so politically it may backfire. Any perceived or real problems related to the border from now until election day can be blamed on Texas. “What can we do, the supreme court said Texas is in charge of its border, and seems like Texas is making a real mess of the situation. We’ll clean that up once we pass proper reforms after the election and sort it out with SCOTUS.”
anon
@scav: perhaps the us residents living in Texas should heeds this warning first.
As much as we blame conservatives, the liberals who insist on living in deep red states like Texas are to blame as well, giving TX population and economic growth
tb
Yeah, I say call their bluff and let them have all the border responsibility. What can go rung in Texass?
RAM
How about since Abbott and Paxton want to patrol the border so badly, Biden announce that federal border patrol and immigration personnel will be pulled out of all ports of entry at a date certain. If Texas doesn’t want an open border, they can supply the personnel to staff border crossings, patrol the border, and staff the various courts that have jurisdiction over cross-border immigrants. Ought save us non-Texas federal taxpayers a bundle.
Ishiyama
“We’ve been enduring a slow-rolling judicial coup since 2000, at least.”
No sh*t. The time to fight was December 2000. FWIW, the fundamental problem goes back to the Nixon Court and Buckley v. Valeo (which legalized the private spending of unlimited cash to seek office), but nobody talks about it anymore.
cain
@anon:
Texas is not a deep red state, it’s a state makes sure that GOP has the advantage in voting and make sure the cities do not have the influence it should wield. It’s very gerrymandered.
A lot of people do not have the means to move out the state. Most of these laws passed are not likely constitutional and eventually will get thrown out.
West of the Rockies
@RAM:
Piggy Paxton’s trial begins in about 3 weeks.
cain
@RAM: move em out and then make Texas raise taxes.
dnfree
@anon: Wait, don’t we want MORE liberals in Texas, not fewer?
anon
@cain: I am talking about upper middle class liberals , they have the economic clout and can very much choose to vote with their feet
JPL
I’m kinda like Tom..I’m outta fucks to give. The only amendment the supremes care about is the 2nd which doesn’t say what they think it does.
Apparently, Texas citizens want to pay for this crap.
West of the Rockies
If I may pose a question that has befuddled me since ’16…
Trump voters: are they the way they are because they’re now in a cult? They’re just that stupid and easily manipulated? They truly love all the obvious (to them, too) bigotry, chaos, and hatred? Is it a combination of these?
It is astounding to me.
hueyplong
@West of the Rockies: I’d just as soon analyze those thing as a post mortem.
TBone
The artist Brodie:
Anoniminous
“The Lawless Right Wing Junta on the Supreme Court”
but … but …. but ….
Only yesterday I was assured the Supremes would NEVER do anything lawless.
TBone
I cannot accurately or sufficiently communicate my feelings about the Supremacist Court at this time. I’m not out of fucks to give, but at this time my field of fucks is barren. If I were to give voice to what I’m feeling, it would not be good to put it in a print version.
cain
@anon:
We can’t give up on red states. Look at Virginia and Georgia. It’s possible.. Texas can be converted and every law passed where they don’t give a fuck about the consequences means eventually those consequences are coming. Like the invitro stuff.
cain
We need to expand the courts once we have control.
Chief Oshkosh
@anon: I must be misunderstanding your meaning, because on first read, this may be the dumbest thing I’ve read all day.
SW
Not since Taney have the Supremes been this out of touch with the direction of the country. That didn’t end well.
Baud
@anon:
Congrats on your upcoming move to Wyoming!
bbleh
@RAM: … and then station those federal agents at the major crossings into neighboring states, and require anyone coming from Texas to present documentation and otherwise satisfy the agents that they don’t pose a danger to the rest of the US and should be allowed to proceed. And then let Texas, or some aggrieved Texan, bring suit about free travel between the states, blah blah Constitution blah, and litigate it all the way to the Supreme Court, all the while making travel out of or through Texas a time-consuming nightmare.
SomeRandomGuy
@JPL: For many years, Republicans said that the law was what 5 men in black robes decided, because the Supreme Court upheld really terrible stuff, like the voting rights act, and stuff like that.
Now, Republicans are convinced the law is what 5 men in black robes decide, plus one woman who Trump thinks looks pretty, and all have good Federalist Society bona fides – to quote the old Green Hornet TV show, “bought and paid for.”
Only the Orange StinkBug isn’t just *pretending* to be in the rackets – I’m amazed that some people don’t even realize that.
West of the Rockies
@hueyplong:
Yes, please.
trollhattan
@RAM: I assume Border Patrol are the only thing keeping Texas from invading Mexico.
TBone
@Baud: 😆
Hoodie
@New Deal democrat: According to this kangaroo court, they must immediately act because chaos would result without a federal standard for removing an insurrectionist from a state’s ballot, but no worries if a state contravenes federal policy until an appeals court gets off its ass to determine whether they can do that. Of course, this has to do with whose ox is being gored. The only reason they need now is “fuck you, that’s why.”
TBone
Ginni Thomas. That is all I can say right now. Ginni. Fucking. Thomas.
Josie
@Chief Oshkosh: Thanks for saying this. I was thinking the same thing but didn’t want to say it. I thought maybe I was biased, since I am an upper middle class liberal living in Texas.
The Thin Black Duke
People need to stop telling people to move out of states that are being help hostage by Republicans. That’s not a fucking option anymore. It’s stupid and patronizing and counter-productive.
Jackie
@anon:
People can’t just move from state to state based on politics. Texas used to be blue. Florida once was blue. Ohio once was blue. States that are purple were once blue OR red.
The calls for people to move – leaving families and jobs behind just isn’t feasible for MOST people.
Eta: I live in a blue state, but in a red county. I just keep voting blue and encourage family and friends to vote blue. My county once was purple – swinging back and forth. I’m not moving; I’m fighting.
Anoniminous
Texas was blue when the Dems were the party of Jim Crow racism. As LBJ said, “we’ve lost the South for a generation.”
MisterForkbeard
@RAM: No. They’ll just literally machinegun a bunch of refugees and immigrants.
Miss Bianca
@The Thin Black Duke: I concur.
Rusty
As the dissent points out, this is effectively nullification. It’s what South Carolina wanted to do and eventually kicked off the Civil War. It’s a stunning decision. We have a judiciary that has decided Democrats can never govern. Right wing district Court judges and circuit courts like the 5th will overturn anything a Democrat led government tries to do. Through decisions and delay they will stifle everything until a Republican is back in power. It’s a complete mess. SCOTUS is a complete mess, standing, actual controversy, factual findings are all political and meaningless at this point. Statutory text is meaningless when such things as the made up major questions doctrine allows the court to overturn anything it doesn’t like. The court is amassing power at the expense of actual elected officials and is utterly unaccountable to anyone. It’s a total and complete mess.
twbrandt
@cain:
And Michigan.
Sister Machine Gun of Quiet Harmony
And Arizona
Eolirin
New Mexico, Nevada and Colorado too.
BethanyAnne
No, no, just because we can and have won doesn’t mean that our allies in red states shouldn’t just give up and leave. *eyeroll
Anoniminous
@Eolirin:
New Mexico is solidly Blue now. The only hope the Thugs have for an important office is NM-2.
And the odds are they will fail.
Baud
We tend to focus on how states go in the electoral college, but the GOP hasn’t been able to recreate the dominance they had in the House during the Obama years after 2010.
OlFroth
Noted originalist Sammy Alito decides that Article VI, Paragraph 2 of the Constitution does not represent the original intent of the Founding Fathers.
TBone
@Rusty: bingo
trnc
@bbleh:
@RAM:
Seconded. That means buses that Abbott tries to ship out get turned right back around.
Sadly, a pipe dream due to the resources that would require more resources than the feds could provide. OTOH, any discretionary funds that might be earmarked for Tx can stop NOW.
Leto
@TBone: my field of fucks.
sab
@Chief Oshkosh: Gotta agree with you there. Ohio tried to economic slide downhill approach and we are fire engine red these days.
Jackie
A positive off topic news blurb: Nikki Haley donors are raising money for Biden 👍🏻
TBone
I am remembering Crispus Attucks right now.
My IRL middle name is Gray, not for nothing.
http://www.bostonmassacre.net/players/samuel-gray.htm
Baud
@Rusty:
This is correct.
Hoppie
@anon: Don’d diss progressive Texans, please. They are losing very close elections due to Rethug cheating, and are getting closer to turning Texas purple. People moving in for tech jobs are bringing semi-progressive ideas with them.
AM in NC
@anon: If all the liberals flee, Texas still has two Senators and we lose the blue congressional districts there. We need MORE liberals living there, not fewer.
Salty Sam .
You can just fuck right off.
sab
For some obscure reason the Republicans dominating the Ohio legislature and the state party decided that we should have our state primary today (vernal equinox? Ides of March?) instead of the first Tuesday after the first Monday in whatever month. I guess they didn’t want to be a part of Super Tuesday this year.
Whatever, we had a primary today and hardly anyone even knew about it although there were some choices even within parties. For our supreme court candidate. For our state rep candidate. In Cleveland for prosecutor candidates. Lots of school bond issues that were nonpartisan.
So I will be up tonight waiting for election results.
Democrat here and voted on Democratic side ballot, but rooting for Dave Joyce. Thankfully I am in Emilia Sykes’ district, so she is safe until November election.
Urza
I’m sure someones brought it up already, but the court has also decided to hear a case that could make bribery essentially legal so long as you don’t say the money being handed over is specifically for X. The person/corporation holding the money wants X and also here’s this nice gift totally unrelated will be fine, because they don’t like that the laws are vaguely worded. And also if everyones being bribed then obviously its ok for the court.
Salty Sam .
THANK YOU.
cain
@Hoppie: Even the conservatives coming from California are bringing in some form of liberal values with them. You can bet they all want things like vote by mail especially as they get older.
They’ll also find that taxes is just as much of a bitch as it is in California!
JPL
@Leto: Ha! Years ago, I let the city dump mulch in a large bed. Long story short, I had the most amazing mushrooms. The ones that concerned neighbors were the pink ones. The neighbor across the street was preparing for an open house and called to see if it was okay if they knocked them down. I really had a field of fucks.
bbleh
@trnc: a pipe dream due to the resources that would require more resources than the feds could provide.
Bring in the Army. Federalize the Guard in all the neighboring states and Texas as well. And if there are too few people to make crossings anything but a hopeless multi-day nightmare, well, too damn bad.
Wouldn’t have to be for long anyway. The business community would have Abbott drawn and quartered within a week.
But yeah, Joe wouldn’t do something like that. Trump would, but not Joe.
SW
@Salty Sam .: yep. I can only charitably assume that the person who wrote that is about twelve years old.
sab
@SW: Let’s not be rude just because we disagree.
lowtechcyclist
@Ishiyama:
I’m glad to find I’m not the only one who remembers Buckley v. Valeo. It kinda got dwarfed by Citizens United, but for decades, I thought of it as the time when the Supreme Court ratified the old saw that money talks.
sab
@lowtechcyclist: That was comfortable old money that did not use steroids. Times have changed.
Harrison Wesley
All four of my sibs live in TX; all are Dems and live in different areas from each other. Only one has talked about leaving, and since she’s been saying that for 25 years I kinda think she’s not going anywhere. TX doesn’t appear to be hopelessly red to me. It just might take a while to change things.
Ishiyama
It is a decision that is a bad, fundamentally, as Plessy v. Ferguson, and needs to be treated the same way. How is is not an oligarchy when money buys election? Of course, the Democratic powers-that-be embraced it fully, even recruiting Lottery Winners !? to run for congress. Stupid, much?
lowtechcyclist
@Baud:
Actually, if one was going to try to turn a small state Democratic by moving a lot of Dems there, Alaska would be the best target. Trump won Alaska by only 36,000 votes in 2020; he won Wyoming by 120,000.
Yeah, the whole idea is ridiculous in the first place, and I know you weren’t seriously suggesting that people move wholesale to Wyoming to turn it Democratic. But if one was going to try such a gambit, Alaska would be the place to try it.
sab
Ohio primary Sherod Brown wants to run against weird ass Bernie Merino the weird ass car dealer.
I want Sherrod Brown to run against limp dishrag Frank LaRose. I live near him. My sister in law was friends with his grandmother. His family runs a very successful booze distributorship but there were so many grandkids I doubt he was in line for a management job there. But huge amounts of money there.
JPL
@Harrison Wesley: Texas Monthly has an article about the billionaire who buys the representatives link
Omnes Omnibus
@anon: Oh fuck all the way off.
Regulon
@Omnes Omnibus:
Yepper
Ksmiami
@TBone: burn it to the ground- sooner than later
Jackie
@sab: I hope Sherrod Brown’s numbers are huge! There’s some interesting primaries tonight!
Good luck to your preferred candidates!☘️🤞🏻
Ksmiami
@Rusty: the Supreme Court needs to be disbanded yesterday
HumboldtBlue
Jackie
Off topic question: Re Cannon’s obvious prejudice for TIFG, can Jack Smith relocate the unclassified docs case to DC – where they were unlawfully removed FROM – vs MOVED TO?
TBone
@Ksmiami: except for the three ladies who are sane, let’s evacuate them first. Elena, Ketanji, and Sonia.
sab
@Ksmiami: Don’t be an idiot. We still need rule of law, not rule of random outraged blog posts.
Almost Retired
@sab: I’m three time zones away, but I’m feeling pretty good about Sherrod Brown’s chances. He seems like he’s uniquely attuned to Ohioans concerns. Moreno seems nuts. It doesn’t feel like 2022. The appeal of Tim Ryan escaped me completely and Vance had a bit of a name recognition and celebrity sheen advantage to draw in the minimally informed. Brown is relatively popular and effective. Moreno (assuming he wins the primary) will spend much of the campaign explaining how an intern created his gay hookup account as a gag and it totally wasn’t him. I’m still hopeful that Ohio can be reeled back in.
NutmegAgain
How can the right wing zealots be gunning for a national law banning abortion if national law has no force? (I know, looking for logic there is pointless.)
Kelly
I read Mexico will under no circumstances accept state of Texas deportees. I suppose that leaves Texas running ever growing prison camps.
Ksmiami
@sab: we don’t have that right now. The SC needs to be reduced in its authority- its way exceeding a co-equal branch. And as it continues to lose respect and institutional support, it becomes less and less saveable
sab
It is hilarious here. I am talking about opinions and voting, but this lovely little cat that we enticed away from the neighbors (don’t let your cats run loose because neighbors might steal them.)
Our cat likes us better because they are young and work all day, and we are retired and mostly home. Really, that is what happened. Those old people are home all day with food. Our young people go to work and toss us out . I vote for the old people.
The neighbors are unhappy. Not angry because they are not like that.. Sweet people but distraught.. The cat voted for us although I know she had a good life with them.
Don’t let your cat run loose like cowboys.
Ksmiami
@sab: I’m not an idiot. This court is putting the entire nation at risk.
tb
@Ksmiami: I’m with you. And no, you aren’t an idiot, which is a shitty thing to say to you.
tb
@sab: @SW: Let’s not be rude just because we disagree.
really? But you call people idiots. wtf? Who died and made you boss?
Sister Golden Bear
@The Thin Black Duke:
Once again for the people in the peanut gallery.
Omnes Omnibus
@tb: Thank you for your fine work in tone policing.
tb
@Omnes Omnibus: Hypocrisy runs rampant. It’s an awful look.
Bill
@twbrandt:
“We can’t give up on red states. Look at Virginia and Georgia”
we can stop sending them all those lovely federal dollars though
anitamargarita
@anon: nope nope nope. Not every liberal in a red state has the desire or means to up and move. This idea of blaming liberals for red state bullshit is just mean-spirited and wrong.
rikyrah
@cain:
there are Red States, and there are voter suppressed states.
anitamargarita
@Anoniminous: and they also are so very civil
Jackie
@rikyrah: Exactly.
TBone
@Leto: exactly. 💙 I can embroider and might do that on a pillow for my sofa.
anitamargarita
@sab: my sister “lost” a cat this way, but she totally understood the cat’s reasoning.
Antonius
@sab: At this point I’d be willing to welcome our outraged blogspot overlords.
trnc
@bbleh: It’s not just personnel. They would need entire sites set up for literally hundreds of roads.
ETtheLibrarian
This going to be like Citizens United. A boatload of unintended consequence that were warned about but some will be all how could we know.
SW
@sab: 13 then?
RaflW
@Jackie: “Sloan agreed to help raise money for Biden’s reelection effort and try to reel in Republican-aligned business leaders to get behind the president.”
More of this please. It boggles my mind that business people would look at the chaos that Trump is promising z and think “that’s gonna be good for our bottom line.”
Renegade courts could really fk with contract law, torts, etc. Martial law is probably not really a pro-travel, pro-entertainment spending, vital commerce environment.
Biden might want to raise taxes a few percent, but his Treasury Secretary isn’t gonna embezzle for the benefit of a rogue POTUS!
It seems so obvious to me. I hope some Haley folks can carry messages like that.
Paul in KY
@The Thin Black Duke: Agree, said from KY.