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#judges

5 posts5 participants1 post today
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Look, at some point Very Serious PeopleTM in the media and the political class are going to have to accept reality; the fascist GOP is actively and knowingly working to make Trump a literal dictator and they're prepared to deploy any nonsensical lie, rhetorical argument, and instrument of state power to do so. On Wednesday, the House passed a bill that would make it functionally impossible for a single lawsuit to stop even the Trump regime's most blatantly unconstitutional activities, by drastically curtailing the judiciary's power to issue nationwide restraining orders; under the nonsensical argument that ruling against Trump's orders is part of some vast left wing conspiracy to stymie the President's lawful right to um, make America conform to his unhinged authoritarian nonsense, apparently.

truthout.org/articles/house-pa

House Passes Bill Limiting Judges’ Ability to Place Injunctions on Trump Orders

"Trump has had the most nationwide injunctions placed against him due to his presidential decrees oftentimes flatly violating the law or U.S. Constitution — for example, three federal judges this year alone have placed injunctions on his ability to enforce an executive order to redefine the birthright citizenship clause of the 14th Amendment.

While blatantly improper orders like those have been blocked, Trump loyalists have errantly claimed that so-called “activist judges” on the left have chosen to stymie the president’s agenda for political reasons — ignoring the fact that right-wing judges (including some Trump himself picked) have also issued injunctions against the president.

Republican Rep. Darrell Issa (California) authored a bill entitled the “No Rogue Rulings Act,” which would restrict judges’ rulings to only apply to the litigants directly included in the lawsuit — under the bill’s terms, only a plaintiff could receive relief from a judgment against a presidential administration, even if the underlying reason for that judgment is that the law or order at issue is unconstitutional and shouldn’t be enforced on anyone."

Okay, let's start with the good news; although the bill passed on a party lines vote in the House, it still has to make its way through the Senate and unless Chuck Schumer has another brain tumor for breakfast, that seems highly unlikely to happen. Given the level of collaboration Democrat Senators have already engaged in while (not really) opposing the Trump regime, I can't guarantee anything, but here's to hoping the opposition party realizes what a monumentally bad idea it would be to upend "hundreds of years of judicial case law and precedent" and allow Trump to essentially force everyone victimized by even his most unconstitutional orders, to seek remedy separately in the courts. If you want to understand just how bad this would be for our civil rights, consider the three current injunctions preventing Downmarket Mussolini from ending birthright citizenship and how folks whose only "crime" is being born in the US to parents who aren't citizens, would have to seek legal remedy under these new rules; not only are all of them unlikely to be able to bring a suit in federal court, but just processing all of those cases would take decades, and in the meantime Trump would be free to treat those victimized by his executive order as if his word was law.

Even if the bill doesn't pass the Senate however, I think it's pretty instructional to look at the overarching theme of the fascist GOP's arguments for running it through the House. To justify the bill, House Republicans have constructed a vast conspiracy theory, whereby even conservative judges who disagree with Trump are working with an undefined "radical left" to undermine the country; this is "if you're not with us, you're against" us logic and as author Jason Stanley noted in his excellent book, How Fascism Works, fascism functions by transforming everything into the politics of "us versus them." And what pray tell is their evidence for this conspiracy theory? The fact that Trump, who is actively trying to transform the United States into an autocratic fascist dictatorship, has seen his orders subject to a record number of injunctions and court orders preventing him from, um, breaking the law and violating the constitution? As at least one House Dem noted, it probably makes sense that Trump's agenda has been targeted by the most nationwide court orders because Trump has tried to violate the constitution more than probably any other president in American history.

“If it seems like an incredible number of cases to lose in less than 100 days, recall that Trump is engaged in a record number of illegal actions at a breathtaking velocity never seen before in U.S. history,” Rep. Jamie Raskin (D-Maryland) said."

My friends, it's fascism, and the fascist GOP party is willingly installing a fascist dictator; there's nothing accidental or "misguided" about it.

Speaker of the House Mike Johnson conducts a news conference after a meeting of the House Republican Conference in the U.S. Capitol on April 8, 2025.
Truthout · House Passes Bill Limiting Judges’ Ability to Place Injunctions on Trump Executive OrdersRepublicans are blasting injunctions placed on Trump, but celebrated such orders on Democratic presidents in the past.
#Fascism#Trump#GOP
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"At the end of his dissent, Stevens also offered up a prediction of his own. “The court’s ruling threatens to undermine the #integrity of elected institutions across the nation,” he wrote. “The path it has taken to reach its outcome will, I fear, do damage to this institution.” #Musk & #Trump are now calling for the removal of #judges who disagree with them & defying federal #court orders. Rarely has a prophecy from dissenting justice been proven so obviously correct."
newrepublic.com/article/193058

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"Over the past 4 weeks, #Trump has taken increasingly disturbing actions each week to undermine #lawyers who have been willing to oppose him — or even just defend people who have different views than him... Trump and allies have also gone after, with increasing vitriol, #judges who have ruled against his new admn’s overreaching acts.

Looked at clearly... #DonaldTrump wants to, and is working to, destroy the rule of #law."
lawdork.com/p/donald-trump-law

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#Trump’s declaration that he & the AG are the sole authoritative interpreters of federal #law for the executive branch; the transformation of ordinary spending responsibilities into discretionary tools to punish partisan foes; the stripping of #security clearances from perceived enemies & opponents; the threat of #criminal prosecutions for #speech deemed unfavorable by the president; & the verbal attacks on #judges for enforcing the law.

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In this prerogative state, #judges & other legal actors deferred to the #racist hierarchies & ruthless expediencies of the #Nazi regime.

The key here is that this prerogative state does not immediately & completely overrun the normative state. Rather, Fraenkel argued, #dictatorships create a #lawless zone that runs alongside the normative state. The 2 states cohabit uneasily & unstably. On any given day, people or cases could be jerked out of the normative state & into the prerogative one.

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Elon Musk lashes out at US judges as they rule against Doge

#Musk lambastes #judges as leftwing activists in more than 20 posts as #Trump admn’s judiciary clash intensifies
theguardian.com/technology/202

"In the days after a federal judge ruled Elon Musk’s dismantling of #USAID likely violated the #constitution, [Musk] issued a series of online attacks against the #American judiciary... & called on #Congress to remove his newfound legal opponents from office."

#ElonMusk#Coup#GOP