Sonia Sotomayor Has The Guts To Say What Everyone Knows Is True
The conservative majority on the Supreme Court continues its inevitable task of remaking the law of the land in Donald Trumps image. The latest insult happened Friday evening when the Court, on pure party lines, allowed the Trump administrations immigration wealth test which limits legal immigration, to take effect in Illinois. Its not a giant change to the status quo, since the test was a go in 49 states, but the decision crossed Illinois the last state left off of the list.
But that doesnt mean the case didnt ruffle some feathers on the Court.
Justice Sonia Sotomayor went off in a separate dissent that has been noted for its caustic tone and calling out of her colleagues on the bench. She describes the Court as kowtowing to the Trump administration, saying, The Government seeks emergency relief from this Court, asking it to grant a stay where two lower courts have not. The Government insistseven though review in a court of appeals is imminentthat it will suffer irreparable harm if this Court does not grant a stay. And the Court yields.
Though this has been a pattern in the Court as of late, Sotomayor sees the instant case as even more insidious:
"But this application is perhaps even more concerning than past ones, Sotomayor continued. Previously, the DOJ professed urgency because of the form of relief granted in the prior casea nationwide injunction. Now theres no nationwide injunction, so theres no apparent urgency. The DOJ cannot state with precision any of the supposed harm that would come from the Illinois-specific injunction, and the Court of Appeals for the Seventh Circuit has scheduled oral argument for next week. Yet SCOTUS lifted the injunction anyway. It is hard, Sotomayor wrote, to say what is more troubling: that the Government would seek this extraordinary relief seemingly as a matter of course, or that the Court would grant it.
https://abovethelaw.com/2020/02/sonia-sotomayor-has-the-guts-to-say-what-everyone-knows-is-true/?rf=1
Thomas Hurt
(13,903 posts)mahatmakanejeeves
(57,600 posts)The Sotomayor story is such a microcosm of where we are:
1. Fox runs a story saying she accused #SCOTUS majority of pro-Trump bias.
2. Trump amplifies Fox and demands her recusal.
3. No one actually _reads_ her 7-page dissentwhich says nothing about Trump or pro-Trump bias.
Link to tweet
Heres Justice Sotomayors actual dissent, which accuses the majority of wrongly tipping the scales for emergency relief in favor of the federal governmentnot of pro-Trump bias: https://supremecourt.gov/opinions/19pdf/19a905_7m48.pdf
And as Ive explained at length before, shes right: https://harvardlawreview.org/2019/11/the-solicitor-general-and-the-shadow-docket/
Link to tweet
classof56
(5,376 posts)Also, Planet Earth.
Just my opinion, of course.
Lord, I'm tired! Eternally grateful to my fellow DUers for being there the last 16 years. You've helped keep me sane. Sigh...