SCOTUS Thread (News and Discussion) III: Abandoning 90 Years of Precedent

[Tyche]

LGBTQ books penned by Alito. We know how this is gonna go. I wonder if parents are going to be able to opt kids out of evolution lectures. The fallout from this is going to be bad.

[Tyrath]

Edit: Meaning the FCC one

[Xno Kappa]

Still a fucking awful ruling

It prevents the GOP from judge shopping all their cases to that one dumbass in Texas who recently tried to ban contraceptives nationwide.

If I’m understanding the ruling correctly that is.

[Tyche]

If I lived in Oklahoma, I would immediately be emailing the schools about opting out of any study that involves the Bible.

I suspect we will see this en mass there and will get more legal challenges.

[Tymon]

It would be a good ruling if the federal government operated on an understanding that you don't violate the Constitution and otherwise do whatever you want and dare the courts to stop you.

Under this ruling the numerous incidents where Biden got blocked from <insert issue here> by some random judge in Texas or Florida would not have happened.

Alas, the current administration makes this exceptionally dangerous. Maybe there would have been a point some day in the future that it would be a good idea. It was not a good idea right now. Unless you're a conservative justice trying to get kickbacks from MAGA anyway. Then it's a great idea. Until they turn on you and string you up by your pretty robes, anyway.

[Tyche]

Free speech v Paxton. Y'all gonna have to upload your ID to lornhub. Sorry.

[Tyche]

It would be a good ruling if the federal government operated on an understanding that you don't violate the Constitution and otherwise do whatever you want and dare the courts to stop you.

Under this ruling the numerous incidents where Biden got blocked from <insert issue here> by some random judge in Texas or Florida would not have happened.

Alas, the current administration makes this exceptionally dangerous. Maybe there would have been a point some day in the future that it would be a good idea. It was not a good idea right now. Unless you're a conservative justice trying to get kickbacks from MAGA anyway. Then it's a great idea. Until they turn on you and string you up by your pretty robes, anyway.

The big problem is going to be fractured FEDERAL laws and guidelines, sometimes within the same states. District courts are going to get hammered nationwide. They aren't all going to rule similarly. Some of these laws will affect interstate businesses which will burden them greatly. Going to result in more lawsuits in more places.

It may be a federal crime to do some act, and completely legal in the next town over.

[Tyche]

You're going to see this immediately as birthright citizenship EO will go into effect in 30 days.

District courts all over the country are going to hear cases as the administration gets sued since the scope of the injunctions will be narrowed. That will happen next week. Federal attorneys about to get stacks of papers dropped on their desks.

[Tyche]

And gerrymandering case in Louisiana is getting heard again next term. That's all folks.

[Tymon]

Nevermind, I take back most of my commentary. They already wrote in a loophole that protects whoever has the majority in the Court.

"When a court concludes that the executive branch has acted unlawfully, the answer is not for the court to exceed its power, too," Justice Amy Coney Barrett wrote for the majority.

But she indicated that the nationwide injunctions are limited "only to the extent that the injunctions are broader than necessary."

Lower courts, she added "shall move expeditiously" to figure out how broad the injunctions can be.

Aka "Federal judges cannot stop the executive branch via nationwide injunctions... unless the majority court opinion (read: Trump's opinion) is that we think they should"

[archibaldcrane]

So, if Trump's EO eliminating birthright citizenship is only blocked in the 22 states that brought the injunction, is a baby born today to, say, a foreign woman on a student visa and an illegal immigrant father in Kentucky - not a US citizen?

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[Tymon]

So, if Trump's EO eliminating birthright citizenship is only blocked in the 22 states that brought the injunction, is a baby born today to, say, a foreign woman on a student visa and an illegal immigrant father in Kentucky - not a US citizen?

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That sounds correct to me. I posit that the end goal from this would be to declare babies born in blue states as "stateless" because they didn't go through the necessary steps to verify jus sanguinis. They would use this as justification to, for example:

a) Deny them the right to vote.
b) Charge them with federal crimes if they do vote, even in a state that recognizes their citizenship
c) Deny them due process due to being "stateless" (no one gives a shit if this is legal or not welcome to 2025)

And probably most importantly

d) Declare an election invalid due to all of these "stateless" people voting, invalidate any vote in a blue state. Remake the Jeb 50 state meme except they're all red and Trump is in the middle.

[Tyche]

Not to tamper down the worry and concern, but just speaking factually here...

There's been nearly 0 indication they're leaning for the executive and about 9 indications that SCOTUS has no intention of allowing that EO. They have been pretty vocal that it's DOA without saying it outright.

What will happen (and why I assume they enforced a 30-day wait) is that the justices are gonna go vacation. District courts will get hammered. It'll get stayed at the district level. Then likely at appeals level, except for 5th Circuit, and then SCOTUS will stay that decision.

Hearing the arguments and reading snippets of today's decisions, I am highly skeptical that it will ever be in effect.

[Tyche]

Really, in oral arguments and in the decisions, they've went out of their way to partition this from the merits of the EO. I think it'll probably be a 9-0 decision. 7-2 depending on where Alito and Thomas are vacationing this month.

[Kaslo]

That sounds correct to me. I posit that the end goal from this would be to declare babies born in blue states as "stateless" because they didn't go through the necessary steps to verify jus sanguinis. They would use this as justification to, for example:

a) Deny them the right to vote.
b) Charge them with federal crimes if they do vote, even in a state that recognizes their citizenship
c) Deny them due process due to being "stateless" (no one gives a shit if this is legal or not welcome to 2025)

And probably most importantly

d) Declare an election invalid due to all of these "stateless" people voting, invalidate any vote in a blue state. Remake the Jeb 50 state meme except they're all red and Trump is in the middle.

More likely they will send in the forms for their SS Card, get denied and sue.

[Lokus]

That totally won't be an inconvenience that requires money to see through.

[Tymon]

Hey man, the courts will fix it. Whether you have to go bankrupt and/or ruin your life in the process is irrelevant.

[Meresgi]

Hey man, the courts will fix it. Whether you have to go bankrupt and/or ruin your life in the process is irrelevant.

What matters is that 10yrs later, you should take solace in the fact that the courts worked it out...maybe...from your grave.

[kuronosan]

Lack of national injunctions is both a gift and a curse, however, if not retroactive to EOs that has injunctions filed is just a death sentence to freedom as they can just pick and choose which EOs moving forward affect what citizens, and if national injunctions are overreach then what the fuck are executive orders?

If states have to individually sue to protect their citizens then Americans are not free and equal, they live in territories that can selectively take your rights at any time depending on whether they decide to vie a case and file an emergency injunction or not.

Border states with shared cities have it worse. This is just going to drive states further apart from each other.

Just ... Fuck this clown. God.

[Tymon]

People in border states and southern red states always get it the worst. And despite how good it feels to pretend that the only people there getting fucked over are a million copies of Cletus with a Trump flag flying outside of his trailer, it's also where the majority of generational POC poverty lives. As well as most of the Hispanic population outside of CA.