Kavanaugh claimed to be "a neutral and impartial arbiter who favors no litigant or policy." Barrett claimed, "I'm just here to apply the law." Needless to say, progressives were not convinced. When Joe Biden was elected, there was even a brief flare-up of discourse about Democrats embracing court-packing to counter the far-right Court with Biden even appointing a commission to study the question.
But it is a truism in mainstream media that progressives are always "overreacting," a truism that persists despite events like the January 6 insurrection, which conclusively proved #resistance folks had a better read on Trump than the "it can't happen here" naysayers. So all it took was the Roberts court issuing a couple of early summer moderate decisions the biggest saving the Affordable Care Act and voila! The Beltway media went full bore scolding the left for supposedly overreacting to the Trumpist court.
"The Supreme Court's Newest Justices Produce Some Unexpected Results," declared the New York Times, with a subheadline gushing how "liberals are often on the winning side."
"The Supreme Court's Surprising Term," read a similar New Yorker headline, with a subheadline promising that "the Court has largely avoided partisanship."
"Supreme Court this session saw strong majorities that did not adhere to the Trump brand or even the agenda of the far right," declared U.S. News & World Report.
"Ideological lines turn out to be more fluid than partisans had imagined when Barrett was named," claimed a headline in the Wall Street Journal.
And so on and so forth and on and on. The media narrative was set: Liberals are hysterical, the Supreme Court is fair, and gosh, let's just stop all this talk about court-packing already!
Now, the heat is off, and it appears the Republican majority on the Supreme Court feels free to do exactly what they were appointed to do: Impose their far-right ideology on an unwilling public and trample all good-faith legal reasoning and precedent to do so.
On Tuesday night, in a shockingly incoherent decision, the Supreme Court upheld a lower court ruling by a Trump-appointed far-right judge, Matthew Kacsmaryk, forcing the Biden administration to keep Trump's hateful "remain in Mexico" policy towards refugees applying for political asylum. Biden may be the duly elected president, but it appears this Trump appointee-heavy Republican court still thinks Trump should be setting immigration policy.
It is hard to even measure how radical this decision is. It is a sign that having secured a media narrative of "moderation" the Court feels free to stomp all over legal norms and basic rationality in order to impose a right-wing agenda. As Ian Millhiser at Vox wrote, the decision implies the Biden administration "committed some legal violation when it rescinded a Trump-era immigration policy, but it does not identify what that violation is." So the Biden administration is now being forced into a policy it doesn't want, based on legal reasoning that is not even available to them.
Mark Joseph Stern of Slate tweeted some more points about how radical this is:
While noting the order "was only one paragraph," University of Wyoming law professor Stephen Feldman and author of "Pack the Court!: A Defense of Supreme Court Expansion" told Salon, "the six-to-three political split along conservative-progressive lines is worrisome."
He added: "If one is looking for evidence of political balance and moderation from the conservative Supreme Court justices, including Trump's three nominees, this decision does not provide it."
This decision is a disaster on its own, on two levels.
First is the basic human cost of forcing refugees most of whom have made the long trip from Central America to avoid persecution at the hands of gangs to remain in Mexico, where they are in immediate danger from predatory criminals exploiting their vulnerability. Then there's the bureaucratic disaster for the Biden administration, who is now stuck with being forced to try to talk the Mexican government into agreeing to a Trump policy only put into place in 2019, despite having promised that the policy was changing.
But the implications expand well beyond this immediate decision as well.
It suggests, as the progressive Court skeptics feared, that the Supreme Court's feints towards "moderation" this year were little more than political maneuvering meant to take the wind out of the sails of the pack-the-court crowd. Having accomplished that, the radicals on the Court now feel free to unleash their hardline right-wing views and they aren't going to be constrained by expectations of a good-faith reading of either law or precedent in that mission.
Even in the early summer, there were skeptics of the "moderate" Court narrative. Respected legal analysts Dahlia Lithwick and Mark Joseph Stern at Slate pointed out in June that the Court "chose the very last day of the term to let us know that when the rubber hits the road, partisan politics is what matters," by further gutting the Voting Rights Act and ruling that even more dark money can flow into politics. Law professor Leah Litman at NBC News noted that "several high-profile decisions" were distracting journalists from the real story, which is "several lower-profile decisions featured more traditional partisan divisions and those decisions are likely to be extremely consequential."This radical "remain in Mexico" decision proves the skeptics right.
The most immediate future concern is over abortion rights. In October, the Court will hear arguments about a Mississippi law banning pre-viability abortions, which directly violates Roe v. Wade. The decision will likely be rendered in June 2022. Mississippi has directly asked the Court to overturn Roe. Despite some idiotic hot takes hoping the Roberts court will do the right thing, the odds have always been high that this Court would find some way to uphold the ban, even if they use some shell game legal reasoning that muddies the water enough to avoid the "Roe overturned" headlines that could really hurt Republicans in the 2022 midterms. Now it's even more certain that this Supreme Court feels no compunction about tearing up precedent in order to criminalize abortion.
It appears the Supreme Court is ready to dance with those that brung 'em, giving Trump and the religious right the radical policies they've always wanted. It will only mean tearing up the very idea of legal good faith and defying the will of the voters.
Having secured the misleading "moderate court" narrative, the conservative justices appear to feel free to now go hog wild. The very sloppiness of the "remain in Mexico" decision indicates a court that is done pretending at judicial restraint. They were appointed for one mission and one mission only, to impose a far-right ideology on an unwilling America. After a few head nods in the direction of moderation, it appears the far-right justices are feeling ready to let 'er rip.
See the rest here:
- Proud Boys Leader Sentenced to 22 Years in Prison for Seditious ... - Department of Justice - September 11th, 2023 [September 11th, 2023]
- DeSantis and Ramaswamy Call Proud Boys' Sentences 'Excessive ... - The New York Times - September 11th, 2023 [September 11th, 2023]
- Who Would Condemn a Community Rally Against the Proud Boys ... - Saratoga TODAY Newspaper - September 11th, 2023 [September 11th, 2023]
- Florida man connected to Proud Boys pleads guilty to assaulting police during Capitol riot - The Hill - August 26th, 2023 [August 26th, 2023]
- Vancouver Proud Boy gets prison for Portland rally riot - The Columbian - July 23rd, 2023 [July 23rd, 2023]
- 'Active club' hate groups are growing in the U.S. and making ... - NPR - July 23rd, 2023 [July 23rd, 2023]
- Louisiana's education chief to address extremist Moms for Liberty ... - Louisana Illuminator - July 23rd, 2023 [July 23rd, 2023]
- East Naples 'Proud Boy' guilty in attack on Jan. 6 U.S. Capitol. - Naples Daily News - May 18th, 2023 [May 18th, 2023]
- KC Proud Boy jailed more than 2 years in Jan. 6 case to stay there after another delay - Yahoo News - May 18th, 2023 [May 18th, 2023]
- Proud Boys and Oath Keepers: what is their future with top leaders jailed? - The Guardian US - May 18th, 2023 [May 18th, 2023]
- Latino faith leaders to gather for summit on Christian nationalism - The Washington Post - May 18th, 2023 [May 18th, 2023]
- Proud Boys on trial for Jan. 6 riot want to subpoena Donald Trump to ... - February 18th, 2023 [February 18th, 2023]
- Proud Boys member drafts subpoena to call Trump as a witness in Jan. 6 ... - February 18th, 2023 [February 18th, 2023]
- Proud Boys leaders facing Jan. 6 charges say they intend to subpoena ... - February 18th, 2023 [February 18th, 2023]
- Delilahs Gentlemens Club bartender gets probation for storming the Capitol with aspiring Proud Boys - The Philadelphia Inquirer - February 18th, 2023 [February 18th, 2023]
- Jan. 6 trial of Proud Boys leaders plagued by bickering between lawyers ... - February 13th, 2023 [February 13th, 2023]
- Proud Boys sedition trial shows group keying off Trump comments - February 13th, 2023 [February 13th, 2023]
- Four Takeaways From the Proud Boys Jan. 6 Sedition Trial So Far - February 12th, 2023 [February 12th, 2023]
- Enrique Tarrio - Wikipedia - February 5th, 2023 [February 5th, 2023]
- Former Proud Boy testifies in Jan. 6 seditious conspiracy trial - January 25th, 2023 [January 25th, 2023]
- Proud Boys on defensive at sedition trial haunted by absent Trump - January 25th, 2023 [January 25th, 2023]
- Proud Boys expecting 'civil war' before Jan. 6, witness says - January 25th, 2023 [January 25th, 2023]
- 'We were openly expecting a civil war' | Former Proud Boy testifies at seditious conspiracy trial - WUSA9.com - January 25th, 2023 [January 25th, 2023]
- Proud Boys | Leader, Founder, History, January 6 Attack, & Donald Trump ... - January 4th, 2023 [January 4th, 2023]
- Proud Boys attorney wants Trump's 'stand back and stand by' statement kept out of trial - WUSA9.com - January 4th, 2023 [January 4th, 2023]
- Feds Had Informants In Proud Boys And Oath Keepers For J6 - December 28th, 2022 [December 28th, 2022]
- A Disputed Witness at the Proud Boys Sedition Trial: A Police Officer - The New York Times - December 12th, 2022 [December 12th, 2022]
- Proud Boys memo reveals meticulous planning for street-level violence ... - November 27th, 2022 [November 27th, 2022]
- F.B.I. Had Informants in Proud Boys, Court Papers Suggest - November 27th, 2022 [November 27th, 2022]
- Jeremy Bertino, Proud Boys member from North Carolina, pleads guilty to ... - November 21st, 2022 [November 21st, 2022]
- Ex Proud Boys leader pleads guilty to seditious conspiracy in Jan. 6 - November 21st, 2022 [November 21st, 2022]
- Proud Boys leader pleads guilty to seditious conspiracy, agrees to ... - November 21st, 2022 [November 21st, 2022]
- Proud Boys leader pleads guilty to seditious conspiracy over Jan. 6 ... - November 21st, 2022 [November 21st, 2022]
- Proud Boys leader pleads guilty to seditious conspiracy - November 21st, 2022 [November 21st, 2022]
- Penn State refuses to cancel a speech by Proud Boys founder - NPR - October 13th, 2022 [October 13th, 2022]
- Proud Boys gather outside of Drag Queen Story Hour in Wheaton - BethesdaMagazine.com - October 13th, 2022 [October 13th, 2022]
- 'Clear and present danger': Jan. 6 committee to describe lingering Trump threat - POLITICO - October 13th, 2022 [October 13th, 2022]
- 7 Ways Roger Stone Was Connected to the January 6 Attack Mother Jones - Mother Jones - October 13th, 2022 [October 13th, 2022]
- Contompasis convicted in 2021 stabbing of two Proud Boys - Times Union - October 8th, 2022 [October 8th, 2022]
- Synthego Launches Engineered Cell Libraries to Validate Targets with Speed and Accelerate Drug Discovery - Brazosport Facts - August 2nd, 2022 [August 2nd, 2022]
- IDRx Launches with $122 Million Series A Financing to Treat Cancer with Purpose-Built Precision Combination Therapies - Business Wire - August 2nd, 2022 [August 2nd, 2022]
- Global Human Identification Market Report 2022: Massive Scope for Adoption of NGS and Capillary Electroph - Benzinga - August 2nd, 2022 [August 2nd, 2022]
- F2: France Preview, Predictions and How to Watch - Last Word On Motorsport - July 25th, 2022 [July 25th, 2022]
- The Age of the Superyacht - The New Yorker - July 25th, 2022 [July 25th, 2022]
- Proud Boys' trial delayed after defendants say Jan. 6 committee ... - June 29th, 2022 [June 29th, 2022]
- New video shows Proud Boys ignored their own orders against violence ... - June 29th, 2022 [June 29th, 2022]
- Proud Boys disrupt Pride event at Wilmington library - June 29th, 2022 [June 29th, 2022]
- Proud Boys Showed Up To A Pride Month Library Event But Were Met With A ... - June 29th, 2022 [June 29th, 2022]
- Why Are the Proud Boys so Afraid of Drag Queens? - June 29th, 2022 [June 29th, 2022]
- Sarasota school board candidates must openly condemn the Proud Boys - Sarasota Herald-Tribune - June 29th, 2022 [June 29th, 2022]
- NAACP calls for Jefferson County Commissioner Jacksons resignation after posing with Proud Boys - WDVM 25 - June 29th, 2022 [June 29th, 2022]
- Shane Lamond, MPD Lieutenant Under Investigation For Ties to Proud Boys, Accused of Time Theft Two Years Ago - Washington City Paper - June 29th, 2022 [June 29th, 2022]
- DOJ Targets Proud Boys, Expanding Its Sedition Probe - June 18th, 2022 [June 18th, 2022]
- Stephen Colbert Is Thrilled to Roast the Proud Boys - Vanity Fair - June 18th, 2022 [June 18th, 2022]
- What We Learned About Trump, Pence, and the January 6th Mob - The New Yorker - June 18th, 2022 [June 18th, 2022]
- Aspiring Camden County Proud Boy sentenced to two weeks behind bars for role in Capitol riot - The Philadelphia Inquirer - June 18th, 2022 [June 18th, 2022]
- Proud Boys | ADL - June 1st, 2022 [June 1st, 2022]
- Former Proud Boys Leader Indicted in Jan. 6 Investigation - June 1st, 2022 [June 1st, 2022]
- Hostilities between Proud Boys and Oath Keepers emerge as a line of ... - June 1st, 2022 [June 1st, 2022]
- Who is Proud Boys leader Enrique Tarrio? - The US Sun - June 1st, 2022 [June 1st, 2022]
- Mayor Wu Announces Members of the Black Men & Boys Commission - Boston.gov - May 20th, 2022 [May 20th, 2022]
- Proud Boys member pleads guilty for role in US Capitol attack - The Guardian - April 29th, 2022 [April 29th, 2022]
- First Thing: Putin warns Ukraine allies against intervention - The Guardian - April 29th, 2022 [April 29th, 2022]
- Street cam videos show before-and-after Highland Square fights with Proud Boy, others - Akron Beacon Journal - April 29th, 2022 [April 29th, 2022]
- Proud Boys Leader Enrique Tarrio Charged With Conspiracy - April 25th, 2022 [April 25th, 2022]
- Noble: I'm proud of the boys' efforts - West Ham United F.C. - April 25th, 2022 [April 25th, 2022]
- Canadian report warns of extremist infiltration in military - ABC News - April 25th, 2022 [April 25th, 2022]
- Looking ahead to the Jan. 6 committee hearings - PBS NewsHour - April 25th, 2022 [April 25th, 2022]
- Former Proud Boy Talks about January 6, Antifa and Why the Organization Won't Last Much Longer - The Peoples Vanguard of Davis - April 25th, 2022 [April 25th, 2022]
- Oath Keepers and Proud Boys were in touch before US Capitol attack, texts reveal - The Guardian - April 22nd, 2022 [April 22nd, 2022]
- SC inmate accused of threatening to assassinate Pres. Biden, VP Harris - WSAV-TV - April 22nd, 2022 [April 22nd, 2022]
- Former Proud Boys member extradited to U.S. pleads to misdemeanor after assaulting Palestinian man - CBC.ca - April 22nd, 2022 [April 22nd, 2022]
- Capitol attack panel expects to hear how militia groups coordinated plans before insurrection - The Guardian - March 29th, 2022 [March 29th, 2022]
- What is Anonymous? How the infamous hacktivist group went from 4chan trolling to launching cyberattacks on Russia - CNBC - March 29th, 2022 [March 29th, 2022]
- Leaders of the Proud Boys and Oath Keepers met the day before the Capitol Riot. A documentary film crew was present. - Business Insider Africa - March 15th, 2022 [March 15th, 2022]
- No, the Proud Boys aren't going to Ukraine: how a small troll went viral - Crikey - February 28th, 2022 [February 28th, 2022]
- Whose sovereignty is really being fought for? What happens when First Nations People are dragged into extremist protests - The Conversation AU - February 7th, 2022 [February 7th, 2022]
- Republicans to field more than 100 far-right candidates this year - The Guardian - February 5th, 2022 [February 5th, 2022]
- Bookman: Trump continues to threaten violence against those who stand for rule of law - ncpolicywatch.com - February 5th, 2022 [February 5th, 2022]
- Portland Police Used a Proud Boy Meme in Their Training Materials. The Feds Want Answers - Rolling Stone - January 28th, 2022 [January 28th, 2022]