Justice Brett Kavanaugh detoured into U.S. v. Nixon in discussing a "recalcitrant defendant."

[mahatmakanejeeves]

Chris Geidner
‪@chrisgeidner.bsky.social‬

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This morning, SCOTUS heard arguments in an ongoing dispute over Texas's DNA testing procedures, but perhaps the most notable moment came when — in response to questions about that prosecutor's compliance — Justice Brett Kavanaugh detoured into U.S. v. Nixon in discussing a "recalcitrant defendant."

This morning, SCOTUS heard arguments in an ongoing dispute over Texas's DNA testing procedures, but perhaps the most notable moment came when — in response to questions about that prosecutor's compliance — Justice Brett Kavanaugh detoured into U.S. v. Nixon in discussing a "recalcitrant defendant."

— Chris Geidner (@chrisgeidner.bsky.social) 2025-02-24T18:25:18.653Z

[Ninga]

1. I need some splaining......good?

[sop]

2. The comments at the linked Bluesky post are worth reading.

[obamanut2012]

3. They don't want Trump to take their power away

[sop]

4. These two comments:

"So is it possible that some of them have been discussing this little scenario in light of the fact that there are cases working their way up to them involving a certain non-department that has refused any accountability?"

"At the very least, it means that the problem of dealing with a recalcitrant president is on his mind, and he doesn't think that a president's refusal to obey the court is an acceptable way to avoid redress."

It appears Kavanaugh (and others?) takes a dim view of Trump declaring kingly powers.

[boonecreek]

5. The immunity ruling.

They're afraid it's going to come back and bite them in the ass.