shadow docket, so we got no explanation for the Court's decision.
unlike the situation where venezuelans were on buses heading to an airport or to halt an imminent execution, am not seeing the exigent circumstances regarding trump's desired transgender ban for the military. the status quo were that transgendered people could serve in the military and am having heard no genuine argument that the presence o' a very small percentage o' trans people in the military somehow threatened situational readiness o' the armed forces. even if you think that trans people shouldn't serve in the military, do you honest see the kinda emergency scenario akin to executing an innocent woman or "deporting" people sans due process when the government insists there is no practical way to retrieve those people post "deportation"?
again, justices alito and thomas were baffled and outraged 'caues the Court granted emergency habeas relief to venezuelans who had been loaded on buses and were headed to an airport. nevertheless, somehow they sees tragedy inducing exigency if trump's trans ban were halted while the ordinary and admitted slow legal process worked in its usual manner. full oral argument before the appellate court with possible appeal to scotus in regards to the trans ban woulda resulted in an irreparable injury to the federal government? how?
am knowing am having said this a few times, but the new scotus reliance on the shadow docket to avoid accountability is one o' those under-the-radar issues we believe deserves attention.
aside, for those hopeful the Court stands up to the trump administration, am warning that history is not on your side. there is a long and storied/sordid history o' scotus cowardice. if there is genuine fear a chief executive will ignore or undermine a Court decision, the safe money bet is that the Court will cave.
every american school kid hears about marbury v. madison at least a couple times before they finish mandatory education. the detail from marbury which is glossed over or poor remembered is that the Court in that case surrendered to thomas jefferson, arguable our nation's first authoritarian wannabee. anybody recall who were marbury? john adams, the President before thomas jefferson, made a whole lotta last minute judicial appointments before he left office, more than fifty, which considering the size of the fed government at the time, that was a noteworthy amount. william marbury were one o' the individuals who had received a late term appointment from john adams, but he were amongst a not insignificant number o' appointees who, while they had been gained senate approval, had not physical received their commission. thomas jefferson refused to deliver the commission to marbury... and he also threatened to undermine the Court in a number o' creative if they tried to order him to do what he did not wish to do.
John Marshall bravely stands up to thomas jefferson and establishes judicial review.
"Judicial review is the idea, fundamental to the U.S. system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary . Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution."
huzzah.
that means marbury received his commission and served as a judge, right?
nope.
Justice Marshall found a standing argument which simultaneous allowed him to establish judicial review, but also extricated the Court from the danger o' needing order President jefferson to deliver the commision to marbury and others like him. actually, james madison as secretary o' state woulda been ordered to deliver marbury's commission, but that is kinda beside the point. regardless, one o' the most well known scotus decisions were an example o' the Court finding a technicality which would allow them to avoid a direct confrontation with the chief executive. as such it should come as no surprise that the Court routine finds a way to knuckle under when a direct confrontation with the President is threatened.
expecting J. Roberts to be one o' the few Chief Justices in US history to show real courage is not a safe bet... God help us all.
HA! Good Fun!