this post was submitted on 12 Apr 2025
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Summary

When the Supreme Court last year wrestled with whether to grant then-former President Donald Trump broad immunity from prosecution, Justice Neil Gorsuch stressed the ruling was “for the ages.”

The court, with a 6-3 conservative majority, has ruled for Trump in half of six emergency applications, without rebuking the administration’s conduct.

Justice Sonia Sotomayor wrote, “The government’s conduct in this litigation poses an extraordinary threat to the rule of law.”

Professor Leah Litman said justices are influenced by “conservative grievance.”

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[–] lupusblackfur@lemmy.world 41 points 10 months ago* (last edited 10 months ago) (2 children)

Scared to death... 🤷‍♂️ 🤷‍♂️

If SCROTUS pushes too far and Mafia Don Mangolini decides to blatantly defy them, SCROTUS knows they've no real response other than escalating threats. No physical enforcement mechanism.

Congress abdicated its duties. Judicial as impotent as Chump's little mushroom.

We (and what remains of US democracy) are fucked.

🙄 🖕 🖕

[–] My_IFAKs___gone@lemmy.world 11 points 10 months ago (1 children)

What if the court tries doing things the right and lawful way, fails, and then says "fuck it, rule of law is obviously dead, so here's a hail mary" and appeals to citizens at large to enforce it, promising immunity to those who act?

[–] lka1988@sh.itjust.works 4 points 10 months ago (1 children)
[–] My_IFAKs___gone@lemmy.world 3 points 10 months ago

Well not with that attitude

[–] oyo@lemm.ee 6 points 10 months ago (1 children)

They have an enforcement mechanism, but it has never been used against the executive and could lead to a lot of death.

[–] Supervisor194@lemmy.world 5 points 10 months ago (1 children)
[–] oyo@lemm.ee 5 points 10 months ago (1 children)
[–] Supervisor194@lemmy.world 2 points 10 months ago* (last edited 10 months ago) (1 children)

I think we may have to agree to disagree, but I don't think having the Marshal Service, which is run by the Executive, issue them a subpoena is what I would call an "enforcement mechanism" that could "lead to a lot of death." It is nothing more than something for the Executive to tell the Marshals to ignore and barring that, for the Executive to ignore itself. There is no "enforcement" here. Judicial has recourse against you and me (it can have the Marshals jail us for contempt - unless we are under the protection of the Executive), but not against the Executive. The only recourse against the Executive is impeachment and conviction from Congress. End of story.

[–] oyo@lemm.ee 1 points 10 months ago

If the Marshals refuse to do their job, judges can deputize anyone for that purpose.

[–] SarcasticMan@lemmy.world 38 points 10 months ago

They got paid to play, why would they not play? SCOTUS is a corrupt institution full of criminals. If you expect something other than criminality you're stupid or not paying attention.

[–] JeeBaiChow@lemmy.world 13 points 10 months ago

So what happens when the judiciary is scared of another body? Who enforces the rules? It seems like the public is hoping the judiciary will do something, the judiciary is waiting for Congress to do something, and congress is doing congress things: pontificating and posturing in the name of theatre. No one is actually doing anything.

[–] ArbitraryValue@sh.itjust.works 10 points 10 months ago* (last edited 10 months ago) (1 children)

There isn't much the court can do if Trump refuses to comply and Republicans in Congress continue to support him. I hate to say it, but avoiding a confrontation may be better than getting into that situation, both for the court and for the country.

[–] hitmyspot@aussie.zone 16 points 10 months ago (1 children)

It would be better to have a constitutional crisis now rather than in 2 years when he's consolidated more power and yes men, kicking out resistance from other institutions.

I have no doubt they'll take the cowards route or take money to take the cowards route.

[–] ArbitraryValue@sh.itjust.works -1 points 10 months ago* (last edited 10 months ago) (2 children)

My hope is that if they wait two years then it'll be to minimize the damage until the midterm elections, at which point Democrats will win both the house and the senate. I think that's the best-case scenario.

[–] hitmyspot@aussie.zone 9 points 10 months ago

Ignoring all signs that the court will be powerless by then. They are already being ignored. Kicking up no fuss is step one to reducing their legitimacy and ability to create problems for attempts to circumvent another coup.

[–] BigMikeInAustin@lemmy.world 4 points 10 months ago

For a party of "manly men," none of them can actually say anything to someone's face.

[–] circuitfarmer@lemmy.sdf.org 3 points 10 months ago

We really need someone with a spine to have some power. Unfortunately, the system doesn't seem set up for it.

[–] LarryLurkman@lemm.ee 2 points 10 months ago