I don't know exactly how the new birthright citizenship case will come out, but I'd note that if it eviscerates §1 of the 14th Amendment, the remedy of "just pass a constitutional amendment" wouldn't apply. The 14th is already there. The sole public remedy would be to reform the Supreme Court.

Arcadia, always.

In @motherjones.com, @pemalevy.bsky.social & @ariberman.bsky.social have an essential rundown of the ways John Roberts & the MAGA court have empowered and protected Donald Trump’s autocratic regime. The Roberts Court’s decades-long assault on democracy got us here www.motherjones.com/politics/202...

I think about this a lot and I've convinced myself that (almost) none of our current emergency could happen without Roberts' blessing. For my money he's done more to hurt the US than anyone in the country's history by a pretty wide margin. He's way worse than Trump.

Stop whatever you're doing and read this piece by @pemalevy.bsky.social & @ariberman.bsky.social laying out how John Roberts has spent his entire adult life constructing the scaffolding for Trump's authoritarian takeover, and why he's so invested in rigging the system to continue to help Trump.

Pennsylvania has an important Supreme Court race coming up on Tuesday, November 4. If you live in the Keystone State, or know someone who does, vote YES to retain three justices who will protect your fundamental rights and freedoms.

Great to see a clear-eyed assessment of the path forward that incorporates court expansion & other crucial judicial reforms. We can't move forward if we keep letting MAGA justices pull us back. Into a sinkhole. Buried under East Wing rubble. Thank you @rooseveltinstitute.org for this important work!

Sadly evergreen.

Must read

Thank you to @joanesposito.bsky.social and @heartlandsignal.bsky.social for having me on to highlight the incredible damage the Roberts Court is doing and what we need to do to stop them. Listen here: omny.fm/shows/joan-e...

Exactly this - a “precondition for any other promise to be credible.” Whole 🧵 is an important read.

the press release writes itself: "I am calling for a total and complete shutdown of the Supreme Court until until our country's representatives can figure out what is going on"

Sotomayor: “yet an-other grave misuse of our emergency docket. We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent.”

"Barrett offers a misreading of King Solomon as a strategic foil for her idealized American judge, who evidently never needs to worry about facts."

this this this. it's part of a general lack of coverage on the Supreme Court (something we try to remedy on @strictscrutiny.bsky.social!) not sure why it happens - but i would love to see the reargument order - & stakes of the case - get attention *now* - before argument & before a decision.

"There are different ways to rig an election. Trump’s attempted coup in 2020 was one of them. This is another. Neither is compatible with multiracial democracy as we have known for the last 60 years." @pemalevy.bsky.social on SCOTUS's election rigging.

Vergogna

The Congressional budget is a moral failure. Congress must fix this harm. We will not stand by while millions go hungry or without health care. Today, we come together as a Jewish community to demand a federal budget that invests in women, children & families. #JewishDayofAction

For the zillionth time, the S Ct makes the best case for expanding the court and enacting term limits. It is hopeless as currently constituted

Penciled in axing that last tiny sliver of democratic accountability for October -- now they can finally go on summer break unburdened. Such hard work burning down democracy...

Thinking about the tut-tutting Democratic politicians who spent their two years in power warning that Supreme Court expansion was too radical an idea to even think about taking seriously. You absolute fucking rubes. You gigantic, credulous losers. I hope you are ashamed of yourselves today.

"No one disputes that the Executive has a duty [not to summarily execute Supreme Court justices]. But the Judiciary does not have unbridled authority to enforce this obligation."

The Only Republicans Can Rule doctrine.

Any Democrat who is not committed to complete structural reform of this far right #SCOTUS - including its expansion - need GTFOH - period.

The thought behind this is basically, "how can we let Trump get away with committing any crime he wants as long as possible?" Which is the motivating factor behind virtually every Roberts Court ruling related to Trump bsky.app/profile/elie...

all of the Supreme Court’s jurisprudence about executive power - all of it - can be replaced with a simple flow chart. is the president a Republican? if so it’s ok. if not, it’s presumptively not ok.

KBJ, in dissent, calls today's ruling "profoundly dangerous" and an "existential threat to the rule of law." She expresses her "deep disillusionment" with the court and suggests that the conservative supermajority continues to crown Trump a king above law. www.supremecourt.gov/opinions/24p...

As are the six MAGA justices. This is beyond.

The Roberts Court is fundamentally anti-freedom, unless it concerns the freedom of billionaires and theocrats to have their way with the rest of us.

So far, the best predictor for Supreme Court decisions is to ask, what would the Christian nationalists want? The Court will deliver. It almost does not matter what the actual text, precedent or logic would indicate.

Call me crazy, but it almost seems like having a SCOTUS made up of a very-small-n highly-non-random sample of judges is not a great thing. Expand the Court. A lot.

I am not exaggerating when I say the Supreme Court’s unsigned, unexplained order yesterday is the worst thing it has done since Trump returned to office. And not just on the merits—it’s also an unfathomably dangerous green light for Trump to flout lower court orders. slate.com/news-and-pol...

SCOTUS majority not deigning to give *any* reasons for staying the injunction of the district court - in the highest-possible stakes context & where the executive branch has acted appallingly - evincing real contempt for both district courts & the rule of law

Today the GOP justices on the Supreme Court endorsed migrants being sold into slavery. They'll claim otherwise, but that's the reality — today's decision permits Trump to send people from countries around the world to any global hellhole that accepts a U.S. financial incentive.

And all without one word - *not a single word* - of explanation from the justices readily subjecting thousands to torture and suffering. There is a LOT that we have to fix about this atrocious court, and its beyond reckless use of the shadow docket is right up there.

Truly atrocious.

Ah, but Dobbs was about *abortion* — doesn’t count! First rule of right wing jurisprudence.

PUT IT ON A BILLBOARD

It’s pretty clear that if the Dems ever gain a Fed trifecta, the VERY first thing they have to do is: 1. Kill (if the zombie still lives) the filibuster. 2. Expand SCOTUS by 5-6 justices. 3. Hold hearings for them as they work on the bill. 4. Sign bill and swear in the 6 at the same ceremony.

“We will find ways to keep fighting … We’ll fight in state court. We’ll lobby Congress. We’ll lobby our state legislatures, and we’ll organize in the streets. As we’ve always done.”- Chase Strangio, the ACLU lawyer representing the transgender kids and their families.

Shorter Skrmetti: Roberts, Gorsuch, Kavanaugh: there’s no discrimination here/I’m-not-listening-I-can’t-hear-you Barrett and Thomas: discriminating against trans kids is fine because we haven’t discriminated against them enough Alito: discriminating against trans kids is great, actually!

one thing i think people should ask the court conservatives given this ruling is what, specifically, was wrong with plessy?

Justice Barrett's concurrence, joined by Justice Thomas, should put to rest all the right-wing hand-wringing over her ideological fealty to the issues that matter most to the movement. She's all-in.

My paraphrase of the Alito concurrence: "The court says that Tennessee does not discriminate against trans kids. I think it does. But, the more important point is, I don't care that it does, and neither should you. Fuck them kids, I say."

Don't forget our boy Alito, writing separately to make sure we know he's excited about discriminating against trans kids too: "neither transgender status nor gender identity should be treated as a suspect or “quasi-suspect” class"

Religion was not explicitly an issue in Skrmetti, but the gender affirming care bans we've seen across the country were cooked up by Christian nationalist activists, and SCOTUS upholding the TN ban is more evidence of how we are increasingly living under Christian nationalist law.

Make Geduldig Great Again (derogatory)

John Roberts' atrocious opinion inventing criminal immunity for presidents paved Trump's path to a second term. Now Trump has embraced Roberts' dark vision of the presidency as corrupt, self-serving, and all-powerful—and it threatens to render the Supreme Court irrelevant. slate.com/news-and-pol...