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The Supreme Court’s Shadow Docket Has Become A Lawless, Explanation-Free Rubber Stamp For Trump’s Authoritarian Agenda (www.techdirt.com)

submitted 5 days ago by schnurrito@discuss.tchncs.de to c/legalnews@lemmy.zip

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[–] burgerpocalyse@lemmy.world 1 points 5 days ago (1 children)

one thing that was brought to my attention is that theyre acting as though there will never be anyone other than a loyalist republican in power ever again, so it will be a little embarrassing when they have to explain why a democrat president is not allowed to do whatever they want

[–] atzanteol@sh.itjust.works 7 points 5 days ago* (last edited 5 days ago) (1 children)

I don't think you understand.

When Joe Biden wanted the Department of Education to forgive student loans, the Supreme Court shut him down hard. The Court spent pages in Biden v. Nebraska explaining why the Department lacked authority under the HEROES Act, demanding “clear congressional authorization” for such a significant policy change.

But when Donald Trump wants to dismantle the entire Department of Education without any congressional authorization? That gets a rubber stamp with no explanation at all.

They've already contradicted themselves and don't even bother to explain why.

Because they don't care, they don't have to. They're the SCOTUS.

This ruling was a middle finger to America. Both the ideal and the people

[–] burgerpocalyse@lemmy.world 2 points 5 days ago (2 children)

I just mean the new expectation is that no precedent matters and no judge on any mario kart circuit can stop the president

[–] BremboTheFourth@piefed.ca 1 points 5 days ago

But what you're saying is only true with a Republican in the position. They're more than happy to contradict themselves and decide that precedent does matter should power ever manage to change out of Republican hands again. And even then it'd only be the precedent that supports the ends they want.

[–] atzanteol@sh.itjust.works 1 points 5 days ago

What's pretty remarkable is how out of sync SCOTUS is with the lower courts too. But yeah - just instant "nope" from Roberts without even a nod and a wink. Docking disgusting.