Supreme Court grants Gov. Greg Abbott's wish to turn Texas into a far-right dictatorship
Supreme Court grants Gov. Greg Abbott's wish to turn Texas into a far-right dictatorship
Donald Trump isn't the only far-right character the Supreme Court could bless with dictatorial powers
By AMANDA MARCOTTE
Senior Writer
PUBLISHED MARCH 21, 2024 6:00AM (EDT)
(Salon) In his 2022 majority opinion for Dobbs v. Jackson Women's Health, Justice Samuel Alito took great pains to argue that allowing states to ban abortion was no slippery slope to gutting other human rights. Claiming abortion is a "unique act" because of the "potential life," thus making it different from other court-established rights like birth control or same-sex marriage, Alito argued that Dobbs "does not undermine" other rights "in any way."
Roughly no one believed him at the time, in part because Republican protestations that they are "pro-life" are a thin pretext for what is an authoritarian obsession with controlling people's sex lives. It also didn't help that Justice Clarence Thomas used his concurrence in Dobbs to call for Republican lawmakers to go after other rights. He argued that "in future cases, we should reconsider all of this Courts" previous decisions legalizing contraception and homosexual sex, as welll as the decision to permit same-sex marriage.
....(snip)....
Late last week, the Supreme Court allowed West Texas A&M University to proceed with its ban of drag shows hosted by on-campus groups, even though the school's censorship violate decades of First Amendment precedence. This week, the Supreme Court did it again, allowing Texas to temporarily go forward with a clearly unconstitutional claim that state law supersedes federal jurisdiction when it comes to immigration. Neither decision constitutes the final word on whether Texas can flout the constitutional order so openly, to be clear. But even letting it get this far represents the Supreme Court's eagerness to bless Gov. Greg Abbott, R-Tex., in his quest to turn his state into a far-right dictatorship.
....(snip)....
The immigration decision is far more complex, but it amounts to the same thing. The Supreme Court refused to block, even temporarily, a Texas law that flagrantly violates the Constitution and court precedent. Abbott recently signed a law that gives state law enforcement the right to detain and even deport immigrants, even though all of U.S. legal history puts the enforcement of immigration law solely in the hands of the federal government. Abbott's law is so extreme that even the most jaundiced observers of this far-right Supreme Court doubt they'll allow Texas to keep it. That is why it was a shock on Tuesday when the Supreme Court allowed the law to take effect while it's being argued in court. .......................(more)
https://www.salon.com/2024/03/21/grants-gov-greg-abbotts-wish-to-turn-texas-into-a-far-right-dictatorship/
pwb
(11,265 posts)Without Homeland Security money and military base money Texas would be in trouble. Move all the immigrant facilities to New Mexico or Arizona. Bus them there, right thru Abbotts Texas.
SARose
(242 posts)The Fifth Circuit's well-documented judicial shenanigans have earned a surprising rebuke from the high court.
Matt Ford
March 21,
Snip
Barrett disagreed, arguing that the high court should not get in the business of reviewing administrative stays. One can almost sympathize with her: given how busy the shadow docket keeps the justices nowadays, adding an entire new layer of orders to potentially review must seem daunting. So far as I know, this Court has never reviewed the decision of a court of appeals to enteror not enteran administrative stay, she wrote. I would not get into the business.
Texass motion for a stay pending appeal was fully briefed in the Fifth Circuit by March 5, almost two weeks ago, Barrett concluded. Merits briefing on Texass challenge to the district courts injunction of S. B. 4 is currently underway. If a decision does not issue soon, the applicants may return to this court.
The Fifth Circuit appears to have gotten the message, at least in this case. Just a few hours after the Supreme Courts decision, the three-judge panel that oversees the case scheduled oral arguments on the stay pending appeal for Wednesday. Two of the panels members also voted to lift the administrative stay, meaning that S.B. 4 is once again blocked from going into effect. They also appear likely to reject the stay pending appeal that Texas seeks based on the questions they asked during oral arguments.
Snip
[link:https://newrepublic.com/article/179999/supreme-court-fifth-circuit-barrett-kavanaugh]
This is interesting on so many levels. Two of Leonard Leos justices calling out the Fifth Circuit and threatening them? My my my
markodochartaigh
(1,138 posts)So far as I know, this Court has never reviewed the decision of a court of appeals to enteror not enteran administrative stay, she wrote. I would not get into the business.
"On Friday April 7, 2023, Judge Matthew J. Kacsmaryk in Alliance for Hippocratic Medicine et al. v. U.S. Food and Drug Administration et al., case number 2:22-CV-00223, in the U.S. District Court for the Northern District of Texas, issued an unprecedented ruling effectively blocking the U.S. Food and Drug Administrations (FDA) approval of the abortion drug mifepristone, and stayed the applicability of his ruling for seven (7) days to give the Federal government time to appeal the ruling to the Fifth Circuit."
https://www.shipmangoodwin.com/insights/two-federal-courts-take-contrary-legal-positions-on-medication-abortions.html
sl8
(13,769 posts)Are you suggesting that something at the link contradicts J Barrett's statement, or something else?
markodochartaigh
(1,138 posts)Kacsmaryk issued a stay and then the supreme court reviewed it. At least, that is what I understand. But I'm no attorney.
1. Judge Kacsmaryk didn't issue an administrative stay, which is what both J Barrett and J Sotomayor were talking about regarding Texas SB4. The implication is that the 5th Cir. is abusing the use of administrative stays (which are different than, say, stays pending appeal).
2. I don't see where in the article it says that SCOTUS reviewed Judge Kacsmaryk's injunction. Did I miss it?
3. Judge Kacsmaryk is a district court judge, not circuit court, but that's a quibble.
from a fellow non-attorney.
On edit:
You might find this article interesting:
Texas Immigration Spat Puts Spotlight on Fifth Circuit Stays
https://news.bloomberglaw.com/us-law-week/texas-immigration-spat-puts-spotlight-on-fifth-circuit-stays
SARose
(242 posts)Per the article, Justice Coney-Barrett called the Fifth Circuit out for issuing an indefinite administrative stay without addressing the underlying issue. Texas asked the Fifth Circuit Court of Appeals to stay pending appeal. Emphasis mine. A pending appeal would allow the law to immediately go into effect. The Fifth Circuit did not rule on that motion. As I understand from the article, administrative stays are not usually reviewed by a higher court like stays pending appeal. Administrative stays do not require oral arguments or an opinion concerning the underlying legal issues. Soooo the Fifth Circuit did a little side step and issued an indefinite administrative stay.
Justice Barrett basically called the Fifth Circuit out for playing games. Im not an attorney, just my understanding of the article. Make sense?
Hermit-The-Prog
(33,346 posts)This Subversive Court will engage in any distortion of the U.S. Constitution it finds necessary to push its extreme ideology.
Javaman
(62,530 posts)Did the supremes just take one small step towards their irrelevance?
Fucking morons
lark
(23,099 posts)That is all this is and nothing less.