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applegrove

(118,622 posts)
Sat Feb 22, 2020, 03:27 AM Feb 2020

Sonia Sotomayor Just Accused the Supreme Court's Conservatives of Bias Toward the Trump Administrati

Sonia Sotomayor Just Accused the Supreme Court’s Conservatives of Bias Toward the Trump Administration

By MARK JOSEPH STERN at Slate

FEB 21, 202010:54 PM

https://www.google.com/amp/s/slate.com/news-and-politics/2020/02/sotomayor-trump-wealth-test-bias-dissent.amp

"SNIP....

On Friday evening, by a 5–4 vote, the Supreme Court allowed the Trump administration’s wealth test for immigrants to take effect in Illinois. All four liberal justices dissented from the order, which changes relatively little: Thanks to the conservative justices’ intervention in January, the wealth test was poised to take effect in 49 states, and Friday’s vote lets the government apply it in the last state left. What’s most remarkable about the decision is Justice Sonia Sotomayor’s withering dissent, which calls out—with startling candor—a distressing pattern: The court’s Republican appointees have a clear bias toward the Trump administration.

Trump’s wealth test marks a brazen attempt to limit legal immigration by forcing immigrants to prove their financial status to enter, or remain in, the United States. It goes far beyond any statute passed by Congress, forcing immigrants to demonstrate that they will be not a “public charge”—that is, they won’t rely on any public assistance, including Medicaid, housing vouchers, and food stamps. Because the policy departs so dramatically from federal law, several courts blocked its implementation in 2019. In January, however, the Supreme Court allowed the wealth test to take effect over the dissent of all four liberals. The majority did not explain its reasoning. But Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote a concurrence complaining that a district court had blocked it across the country, decrying the “rise of nationwide injunctions.”

Gorsuch’s opinion raised the possibility that the conservative justices disapproved of the scope of the district court’s injunction, not the reasoning behind it. If that were true, the conservatives should not have unsettled a narrower injunction limited to Illinois. But they did just that on Friday, once again without explaining themselves. Once again, the liberals dissented, but only Sotomayor wrote separately, in an opinion notable for its caustic tone and candid assessment of her colleague’s prejudices. “Today’s decision follows a now-familiar pattern,” Sotomayor began. “The Government seeks emergency relief from this Court, asking it to grant a stay where two lower courts have not. The Government insists—even though review in a court of appeals is imminent—that it will suffer irreparable harm if this Court does not grant a stay. And the Court yields.” In other words, SCOTUS rewarded the Department of Justice for short-circuiting the appellate process and demanding immediate relief.

“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 case—a nationwide injunction.” Now there’s no nationwide injunction, so there’s 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.”

......SNIP"

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Sonia Sotomayor Just Accused the Supreme Court's Conservatives of Bias Toward the Trump Administrati (Original Post) applegrove Feb 2020 OP
The SCOTUS' baseless injunction in Bush v. Gore set the stage for this shit. SunSeeker Feb 2020 #1
Yet Chief Justice Roberts keeps saying they are beyond being political. I guess applegrove Feb 2020 #2
Roberts is gaslighting us. That's what Republicans do. nt SunSeeker Feb 2020 #3
the Mitch McConnell of the Judicial Branch eShirl Feb 2020 #8
And water is wet nt. denem Feb 2020 #4
Trump should show us his taxes. /nt IcyPeas Feb 2020 #5
Roberts is a hack mountain grammy Feb 2020 #6
I have two things to say. madaboutharry Feb 2020 #7
SCOTUS is broken. Seats will need to be added to fix it. Dennis Donovan Feb 2020 #9
Exactly! Fuck them... maxrandb Feb 2020 #10
We need candidates across the board who recognize the danger we're in. Hermit-The-Prog Feb 2020 #15
Would be nice for the next Dem president to clean house in the SCOTUS Roland99 Feb 2020 #11
Well, Duh. Nt leftyladyfrommo Feb 2020 #12
Let's see Roberts said it would not have been appropriate form him to be the deciding vote standingtall Feb 2020 #13
Roberts wasn't on the Court in 2000. onenote Feb 2020 #14
Ummm, dware Feb 2020 #17
K&R UTUSN Feb 2020 #16

SunSeeker

(51,550 posts)
1. The SCOTUS' baseless injunction in Bush v. Gore set the stage for this shit.
Sat Feb 22, 2020, 04:03 AM
Feb 2020

If counting votes amounts to "irreparable harm," then everything does.

Sadly, SCOTUS is a partisan body. The Republican majority's rulings are guided by the outcome they desire, not the law.

applegrove

(118,622 posts)
2. Yet Chief Justice Roberts keeps saying they are beyond being political. I guess
Sat Feb 22, 2020, 04:09 AM
Feb 2020

that is boiling the frog (us) if we believe it.

madaboutharry

(40,209 posts)
7. I have two things to say.
Sat Feb 22, 2020, 05:45 AM
Feb 2020

1. The Supreme Court has been corrupted by political partisans who occupy five of its seats.

2. “But her emails.”

Dennis Donovan

(18,770 posts)
9. SCOTUS is broken. Seats will need to be added to fix it.
Sat Feb 22, 2020, 08:21 AM
Feb 2020

They can scream "court packing" all they want, but THEY broke the court by stealing seats from a sitting POTUS. Fuck them!

maxrandb

(15,323 posts)
10. Exactly! Fuck them...
Sat Feb 22, 2020, 08:31 AM
Feb 2020

I get so fucking sick of being told that we need to swallow this bullshit because we need to appeal to Retrumplicans and be cautious.

I guess we better be nice to Retrumplicans or they might do something outrageous like give a presidential medal of freedom to a racist, drugaddled, pedophilic, dipshit talk radio hatemonger.

Hermit-The-Prog

(33,328 posts)
15. We need candidates across the board who recognize the danger we're in.
Sat Feb 22, 2020, 10:47 AM
Feb 2020

That doesn't mean every candidate for office must be out to change the world, but they need to be aware of the threats and willing to fight to preserve the rule of law.

standingtall

(2,785 posts)
13. Let's see Roberts said it would not have been appropriate form him to be the deciding vote
Sat Feb 22, 2020, 10:38 AM
Feb 2020

for witnesses in an impeachment trial, yet in 2000 he had no problem voting to decide the Presidency. I think Sotomayor nailed it.

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