Supreme Injustices from Corrupt High Court
Days before Americans celebrate independence from a monarchy, the MAGA majority of the Supreme Court ruled that their preferred candidate in November, convicted felon Donald Trump, should return not as an American President, but as a king, above our nations’ laws.
Before the traditional summer break, where the Alitos surely plan to hide away at their insurrectionist-flag-laden beach house, the far-right majority twisted a case about the fishing industry into a giant power grab for corporations. The “Chevron” case matches the dangerous plethora of decisions threatening American people’s interests including decisions that revoked vital administrative powers which once protected your food and water, a settlement that gave insurrectionists a get out of jail free card, and a blunt repeal of your freedom.
Pay attention now, before it’s too late. Here’s a quick summary of their worst opinions:
Loper Bright Enterprises v. Raimondo
The Court overturned 40 years of precedent in what is colloquially known as the “Chevron” case. Previous to this decision, federal courts were to defer to subject matter experts in administrative agencies for interpretations (ex: FDA, EPA, ATF, CDC.) Now, regulatory authority is not in the hands of those who have years of experience and expertise, instead it is judges with no previous training who control federal matters. This is a huge power grab for the courts and corporate interests with vast implications for how our government performs and regulates abortion pills, all other medications, food, firearms, environmental and workplace safety, transportation, and so much more.
Toxic Additives in Your Food and Drink, Medium
BONUS: If Trump gets elected and enacts Project 2025, then his Executive Order 1395724, or Schedule F, will be reinstated and continues the MAGA majority’s mission of removing administrative and federal scaled power. This plan would greatly expand the President’s powers while hobbling the executive branch, by controlling employee designations. This puts thousands of jobs under a new, at-will designation for confidential, policy-determining, policymaking, or policy-advocating positions, but open to the highest bidder or MAGA lackey. This coup kicks to the curb institutional and scientific, long-term experts whose jobs are vital to keeping democracy and our government upright, and “not normally subject to change as a result of presidential transition.” So long to a civil service based on a merit system.
Ohio v. Environmental Protection Agency
We are already witnessing the hazards of letting judges steal regulatory authority in Justice Gorsuch’s confusion of nitrogen oxide and nitrous oxide. When an unaccountable judge is in charge of federal regulations, you get laughing gas controlled instead of choking smog pollution.
The Chevron case pairs with another decision involving the EPA, specifically focused on impairing their authority to limit pollution in the air and water, regulate the use of toxic chemicals and reduce the greenhouse gasses that are heating the planet. The Court ruled against limiting smog-forming pollutants, a decision which could have protected the health of residents in downwind states from industrial pollution, especially impacting the young and elderly.
The Supreme Court saved the worst blow for last, ruling that presidents have “absolute” immunity for clearly official acts, and none for unofficial acts. Now, Donald Trump’s four felony counts, separate from his 34 felony convictions for falsification of business records, are due for a lower court to determine if he will face punishment for trying to overthrow the 2020 election results.
“With fear for our democracy,” Justice Sonia Sotomayor dissented. She said that absolute immunity would apply to “any purpose, even the most corrupt. That is just as bad as it sounds, and it is baseless,” she wrote. “Argument by argument, the majority invents immunity through brute force.”
Mark Joseph Stern at Slate wrote that “the Supreme Court's conservatives have elevated the presidency significantly to the other two branches of our federal government, awarding the president a king-like power to engage in violent, corrupt, or treasonous behavior without even the fear of prosecution for his crimes.”
The tycoon. Joe Ciardiello, WSJ
Lastly, the Court ruled that Jan. 6 insurrectionists can also escape accountability for their crimes, like Trump. This case determined that rioters were improperly charged, and can now ask for their charges to be thrown out. The ruling was based on a statute that defines obstruction as having to “involve impairing ‘the availability or integrity’ of records, documents or other objects.”
MEANWHILE: The Court says insurrectionists can storm the Capitol and get off scot-free. However, if they decide to take a nap outside after tiring efforts to derail democracy, they can be punished for simply existing outside, according to the decision from City of Grants Pass v. Johnson, which targets unhoused Americans and puts them in even worse danger. The conservative justices rescinded our Eighth Amendment rights, which impacts everyone, including the homeless. Most Americans are living paycheck to paycheck and a quarter of Americans have less than $1,000 in savings. Could you be one unaffordable medical bill or emergency expense away from being homeless?
After the Jan. 6 Capitol coup attempt, Justice Alito flew over his homes two flags used by the insurrectionists. Jeff Darcy/Cleveland.com
CONCLUSION: With Trump’s 2016 appointees, the Supreme Court was enabled to overturn more than 60 years of precedent with affirmative action, 50 years with Roe, and 40 years for Chevron. It is imperative that we condemn these actions now, and don’t let them fly under the radar.
What’s Next:
- While we are stuck with these oligarchs and Trump-enablers for now, the lower courts right here in Texas are up for election this November.
- Texas Supreme Court Places 2, 4, and 6 have Democratic challengers running to protect our justice system, including DaSean Jones, Christine Weems, and Bonnie Lee Goldstein.
- The Texas Court of Criminal Appeals also has judges up for election including Holly Taylor for Presiding Judge, Nancy Mulder for Place 7, and Chika Anyiam for Place 8.
- Talk to friends, family, co-workers, everyone about it. Ahead of this July 4th, celebrate the freedoms we still have, and use our guide on talking to those who need some convincing.
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