Posted on 06/28/2019 9:14:07 AM PDT by Sir Napsalot
he Supreme Court’s 5-to-4 ruling on Department of Commerce v. New York is being characterized as nothing more serious than a temporary setback regarding President Trump’s wish to reinstate a citizenship question in the 2020 U.S. Census; the administration is expected to whip up a new rationale that the high court won’t consider “contrived” and get the question in.
Unfortunately it is far worse than that, and Chief Justice John Roberts is giving further sign that he is yet another unpleasant surprise in GOP appointments to the highest level of the Judicial Branch, following in the footsteps of David Souter (Bush 41), Anthony Kennedy and Sandra Day O’Connor (Reagan), and John Paul Stevens (Ford).
“The Court’s holding reflects an unprecedented departure from our deferential review of discretionary agency decisions,” Justice Clarence Thomas warns in his dissent, joined by Justices Gorsuch and Kavanaugh. “And, if taken seriously as a rule of decision, this holding would transform administrative law … the Court has opened a Pandora’s box,” Thomas declared.
Motivated by politics and ideology, lawyers would challenge all sorts of Executive Branch decisions “with accusations of pretext, deceit, and illicit motives” leading to “an endless morass of discovery and policy disputes,” Thomas cautions. “Now that the Court has opened up this avenue of attack, opponents of executive actions have strong incentives to craft narratives that would derail them. Moreover, even if the effort to invalidate the action is ultimately unsuccessful, the Court’s decision enables partisans to use the courts to harangue executive officers through depositions, discovery, delay, and distraction.”
(Excerpt) Read more at issuesinsights.com ...
Again, Roberts too concerned about the reputation of "Roberts Court" (i.e., he wants to be woke.). Instead of what real Chief Justices do.
And Kavanagh is lining up right behind him (Levin was 100% correct on K).
The Bushes, the disappointment that keeps on giving.
Hunting trips to Texas.
We need to find out whatever they are using to blackmail Roberts and use it to make him retire.
if it were true that Roberts got two Irish kids through a South American human trafficking network, then that might explain his erratic behavior. But that would be a “conspiracy theory.”
I used to think he was being blackmailed l don’t anymore. He’s just another deep state back stabbing traitor.
Someone please send Sotomayor a box of jelly donuts. We need that seat. She will probably croak before Ginsberg, because Satan has a way of protecting his favorites.
If the Court acknowledges that what the President is doing is neither unconstitutional or illegal, then any other opinion or ruling they bring forth on the matter should be irrelevant. They’re a court of law. What’s the law?
Closet homo. Stole Irish kids. Multimillionaire, Harvard, Ran away to Malta to hide after the stab in the back on Obamacare.
We will be stuck with this new world order Bushie for decades.
The FANTASY that the SCOTUS is “Conservative” continues...
The Bush Plan for North Mexico (aka USA)
The most important project of Fedzilla for the past 30 years.
Replacing the electorate.
Didn’t get married till he was 41. No women accused him of busting a move on them. Ivy League.
I know what that means.
Roberts adopted Irish kids = true
It was illegal to adopt Irish kids from Ireland = true
Roberts adopted Irish kids from a South American country = true
The Supreme Court delivered a KO blow to social conservatives (homo marriage legalisation);
And handed Obama a decisive victory (Obamacare)
........
“If the Court acknowledges that what the President is doing is neither unconstitutional or illegal, then any other opinion or ruling they bring forth on the matter should be irrelevant. They’re a court of law. What’s the law?”
Perfectly stated. They are morphing into a “court of motives”. Remember during the travel ban, they were giving clips of Trump in the campaign more weight than the actual legal reasoning.
Rule of law is over, and we are no longer in a constitutional republic. At this point it is a tyrannical oligarchy, and everything has to be stated in the format of the constitution using sophistry.
>>> Perfectly stated. They are morphing into a “court of motives”.
Hence the headline “Roberts the Mind Reader”...
If the GOPe had a little backbone, I’d suggest that the President point out that the Court ruled that he’s acting legally, and then go ahead with the Census question as written. That’s not our reality, though.
For what it's worth it's the Administrative Procedures Act and it says that even if an agency has the right to make a decision that decision can't be arbitrary and capricious.
Wilbur Ross botched the whole thing but he's being given a do-over.
Roberts got it right.
Settled precedent not disputed by the executive branch states that ‘in order to permit meaningful judicial review, an agency must “disclose the basis” of its action. Burlington Truck Lines, Inc. v. United States, 371 U. S. 156, 167 169 (1962); see also SEC v. Chenery Corp., 318 U. S. 80, 94 (1943) (“[T]he orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained.”).’
Ross state that the reason for the question was a DOJ request, but the record shows that he engineered that request. The closest Justice Thomas’ dissent got to addressing that point was an irrelevance about “the DOJ’s multilayer review process and its explanation for requesting citizenship data.”
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