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Judge Charles Bryer enjoined Trump’s use of troops to perform police functions in cities. Bryer was right, but it was probably a waste of time.

Neil Baron

The Supreme Court’s pro-Trump majority, Justices Roberts, Kavanaugh, Gorsuch, Thomas, Alito, and Barrett (Trump’s Majority), have been  steadfast in favoring Trump by pausing lower court injunctions against Trump’s unconstitutional executive orders, leaving him free to continue his treachery until the Supreme Court hears arguments and decides the case, which can take years.

Trump’s Majority is likely to continue its pattern of favoring Trump by pausing the following outstanding injunctions:

  • We’ll find out quickly whether Trump’s Majority will overturn an Appeals Court decision that most of Trump’s tariffs are illegal as he’s asked the Supreme Court for an emergency ruling.
  • A US Court of Appeals enjoined Trump’s deportation of Venezuelans under the 1798 Alien Enemies Act because it found that no enemy invasion had occurred.

  • In Newsom v. Trump  a federal judge blocked the use of federal troops for domestic law enforcement in Los Angeles.
  • A preliminary injunction from the Ninth Circuit blocks Trump from  terminating temporary protected status for approximately 600,000 Venezuelans residing in the U.S.
  • A federal judge blocked Trump’s attempt to freeze $2 billion of government funding to Harvard University as a violation of the First Amendment’s right to free speech.

A look back more than suggests that Trump’s Majority has violated their oaths to administer justice impartially and faithfully without regard to persons [emphasis added]:

  • In a short, unsigned order, the Supreme Court temporality blocked an injunction holding that immigrants are entitled to a meaningful opportunity to challenge their deportation with claims they would face torture, or even death, if removed to certain countries such as El Salvador and its gruesome prison.
  • Trump’s Majority (in a 7-2 vote) paused a Court order blocking the deportation of eight men who were detained in a shipping container in Djibouti for six weeks, allowing Trump can proceed with deporting them until the Supreme Court can hear arguments and decide the case.

  • It used to be that federal court injunctions against unconstitutional acts applied nationwide. No more. Trump’s Majority held that federal court injunctions apply only to parties named in the litigation. 
    The result is unthinkable and unworkable, but it helped Trump. Nationwide injunctions have blocked many of Trump’s unconstitutional Executor Orders. Now that they’re paused, Trump can enforce them until the Supreme Court hears arguments and decides the cases.

That is bound to take a very long time. Trump’s Majority has a history of delaying decisions when it behooves Trump. They delayed Trump’s criminal trial brought by Jack Smith until after the 2024 election. In contrast, it took the Supreme Court just 16 days to unanimously decide that Nixon wasn’t immune from prosecution and one day to give George W. Bush the Presidency.

Sadly, Americans find themselves on a ship in a storm without life jackets. We could be rescued however, by electing Republicans to Congress with the integrity and the courage to defy Trump, or by replacing them with Democrats in the national elections.

Then, with a bipartisan Congress, the House would impeach, and the Senate would remove, Supreme Court Justices for “Bribery (think Thomas and Alito), or for violations of their Judicial Oaths to “ … faithfully and impartially [emphasis added] … discharge and perform all the duties incumbent upon me.” 

Notably, the oath did not have an exception for cases involving Donald Trump.

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