Summary

Former federal prosecutor Joyce Vance warned that Chief Justice John Roberts may reverse a key Supreme Court precedent to benefit Donald Trump.

Trump seeks to overturn Humphrey’s Executor v. United States, a 1930s ruling that limits presidential power to fire officials.

Vance argues Trump is trying to consolidate executive power and undermine the judiciary. She cited Roberts’ language in a past ruling granting ex-presidents broad immunity as an “ominous sign.”

The conservative court may prioritize politics over precedent.

  • prole@lemmy.blahaj.zone
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    5 hours ago

    How do these people live with themselves?

    They dedicate their entire lives to upholding this one thing, then seem to have no qualms just completely tearing it apart… Their one job is to interpret what is already written in the Constitution. That’s it.

    I’m not a fucking judge or an expert on jurisprudence, but I can tell you that the powers they are giving the executive are completely unconstitutional. It is plain as day to anyone who has ever read the document, let alone Supreme Court Justices.

    It’s shameful… I’m serious though, why are they ok with doing this?

    Neil Gorsuch? Didn’t that dude side with Native Americans in that one case about upholding some old contract with them? Mr. “Fulfill your duty/obligations” has no qualms completely abdicating his one responsibility of upholding the US Constitution when it really matters. Shame on you.

    Edit: https://www.scotusblog.com/2024/06/supreme-court-rules-u-s-must-pay-more-for-native-american-tribes-health-care/

    https://www.nytimes.com/2023/06/15/us/politics/neil-gorsuch-supreme-court-opinions.html

    This was the one I was thinking of:

    In 2020, Justice Gorsuch wrote the majority opinion in a 5-to-4 decision declaring that much of eastern Oklahoma falls within Indian reservations.

    It began with a memorable passage: “On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever.”

    • themoken@startrek.website
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      5 hours ago

      Been listening to the 5-4 podcast about how much the Supreme Court sucks and it’s been partisan bullshit forever, but yeah Citizens United will probably be considered the death of American Democracy (even though it was terminally ill beforehand).

      The Court will literally just make up rules out of thin air to justify whatever the fuck they want.

      • jonne@infosec.pub
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        2 hours ago

        You should listen to the Masterplan podcast as well. This has been in the works since the 70s. And I guess there was the business plot in the 30s before that. You always have to be vigilant or the elites will take the opportunity to install their own dictator.

  • Nougat@fedia.io
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    13 hours ago

    She cited Roberts’ language in a past ruling granting ex-presidents broad immunity as an “ominous sign.”

    Jesus fucking christ, it’s not an “ominous sign,” it’s literally the keys to the kingdom. All this “taking cases to SCOTUS” is just the easiest way to get what he wants, with the least fuss. That “ominous sign” already says he can do whatever he wants with impunity, and we’re gonna find out just how far it goes.

    • stickly@lemmy.world
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      6 hours ago

      This is the shit I don’t get. So many people paving the way for fascism are selling out a world power that sloshes trillions of dollars around every year for like… a few hundred million + perks? Maybe a few billion if you’re important? Its so un-ambitious.

      These people also (presumably) have to live in this country after its fucked. When the trillionaires start throwing their weight around and issuing laws your pocket change won’t mean shit.

  • A_norny_mousse@feddit.org
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    13 hours ago

    Not sure I’m getting this right: is this John Roberts trying to backpedal on a vaguely related issue after he scotus-voted for the president’s immunity? A belated stirring of conscience?

    • Nightwingdragon@lemmy.world
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      12 hours ago

      No. The exact opposite, actually.

      John Roberts is basically signaling he’s willing to vote in favor of the unitary executive theory, essentially finishing off what their previous ruling that gave Trump all-but-total immunity by saying that he also has the right to do what he wants and the other two branches have no authority to stop him.

      At that point, Trump is a dictator. The judicial branch would be relegated to an advisory branch with no enforcement mechanism (and therefore, no force of law). Due to the previous ruling, Congress’s ability to give oversight to Trump (even if they wanted to, which they don’t), is already neutered since he can’t even be legally investigated. Further, Congress passing bills at all would be largely irrelevant. Even if Congress overrides the President’s veto, he’d still be able to effectively kill it anyway simply by refusing to execute it.

      All those firings Trump and Musk have been doing? Perfectly legal. Impounding money that Congress has already earmarked? Perfectly legal. And Congress wouldn’t be able to do a damn thing about it. Any bills they pass would simply be glorified suggestions and requests that Trump can either choose to fulfill or just choose to ignore. You can pass all the “Saving Widows and Orphans Act” bills you’d like, but they won’t matter if Trump just refuses to release the money to fund them, which he would be able to do.