Secret memos obtained by The New York Times illuminate the origins of the court’s now-routine “shadow docket” rulings on presidential power.
Reformers must insist on remaking institutions like the US Supreme Court so that Americans don’t have to suffer future decades of oligarchy-facilitating rule that makes a parody of the democracy they were promised.
Chief Justice John Roberts has now overseen 20 years of increasingly illiberal rulings by the Supreme Court. Presidential immunity, for example, did not exist until Donald Trump asked for it and the Roberts court gave it to him.
It seems to be offering the current president a treat, but it immediately blew up when it hit the trial court. Who could have seen this coming?
Trump has not forgotten the John Roberts decision removing presidents from legal liability for committing crimes while in office. So who can blame Trump for making increasingly goofy arguments in court while defying court orders?
The real headline of this election isn’t about Trump’s victory. It’s about how the Federalist Society coalition of plutocrats and theocrats has all but completed its mission to repeal and replace the 20th Century by judicial fiat.
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