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   Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:20:23 JST Nonilex

   #GiftArticle

   How #Roberts Shaped #Trump’s #SCOTUS Winning Streak

   Behind the scenes, the #ChiefJustice molded 3 momentous #Jan6 & #election cases that helped determine the fmr president’s fate.

   Last Feb, Chief Justice #JohnRoberts sent his 8 #SupremeCourt colleagues a confidential memo that radiated frustration & certainty.

   #law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative
   https://www.nytimes.com/2024/09/15/us/justice-roberts-trump-supreme-court.html?unlocked_article_code=1.K04.wARn.oV9X_Fd23Prd&smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb&ngrp=mnp

   • HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:20:54 JST Nonilex

     in reply to

     #Trump, seeking to retake the #WhiteHouse, had made a bold, last-ditch appeal to the justices. He wanted them to block his fast-approaching #criminal trial on charges of attempting to overturn the 2020 election, arguing that he was protected by presidential #immunity. Whatever move #SCOTUS made could have lasting consequences for the next #election, the scope of presidential #power & the court’s own battered reputation.

     #law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:21:24 JST Nonilex

     in reply to

     The #ChiefJustice’s Feb 22 memo, jump-starting the justices’ formal discussion on whether to hear the case, offered a scathing critique of a lower-court decision & a startling preview of how the high court would later rule, acc/to several people from the court who saw the document.

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:21:54 JST Nonilex

     in reply to

     The #ChiefJustice tore into the appellate court opinion greenlighting #Trump’s trial, calling it inadequate & poorly reasoned. On one key point, he complained, the lower court judges “failed to grapple w/the most difficult questions altogether.” He wrote not only that #SCOTUS should take the case — which would stall the #trial — but also HOW the justices should DECIDED it.

     #law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #extremism #MAGA #Republicans

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:22:41 JST Nonilex

     in reply to

     #ChiefJustice #JohnRoberts responded by deploying his #authority to STEER RULINGS that BENEFITED #Trump, acc/to a NYT examination that uncovered extensive new info about the court’s decision making.

     [#JFC that’s it. #DisbandSCOTUS ]

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:22:42 JST Nonilex

     in reply to

     “I think it likely that we will view the separation of powers analysis differently” from the appeals court, #ChiefJustice #JohnRoberts wrote. In other words: grant #Trump greater protection from prosecution.

     In a momentous trio of #Jan6 related cases last term, the court found itself more entangled in presidential #politics than at any time since the 2000 election, even as it was contending w/its own controversies related to that day.

     #law #SCOTUS #PartisanCourt #ActivistCourt #illiberalism

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:23:17 JST Nonilex

     in reply to

     This account draws on details from justices’ private memos, documentation of the proceedings & interviews w/ #SCOTUS insiders, both conservative & liberal,who spoke on the condition of anonymity because deliberations are supposed to be kept secret. [I thank them for providing evidence of such blatant #bias & #corruption]
     The #ChiefJustice wrote the majority opinions in all 3 cases, incl an unsigned one in March concluding that #Trump could not be barred from #election ballots in #Colorado.

     #law

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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:24:26 JST Nonilex

     in reply to

     Another case involved a highly unusual switch. In April, the #ChiefJustice assigned Justice #Alito to write a majority opinion saying that prosecutors had gone too far in bringing obstruction charges against some Capitol *rioters* [#insurgents]. But in late May, #JohnRoberts took it over.…

     During the Feb discussions of the #immunity case, the most consequential of the 3, some of the *#conservative* justices wanted to schedule it for the next term.

     #law #SCOTUS #PartisanCourt #ActivistCourt

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:24:26 JST Nonilex

     in reply to

     That would have deferred oral arguments until Oct & almost certainly pushed a decision until after the #election. But #ChiefJustice #JohnRoberts provided crucial support for hearing the historic case earlier, siding w/the liberals.

     Then he froze them out. After he circulated his draft opinion in June, Justice Sonia #Sotomayor, the senior liberal, signaled a willingness to agree on some points in hopes of moderating the opinion….

     #law #SCOTUS #PartisanCourt #ActivistCourt #illiberalism

     HistoPol (#HP) 🥥 🌴 and Bill repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:24:57 JST Nonilex

     in reply to

     Though the #ChiefJustice often favors consensus, he did not take the opening. As the court split 6 to 3, #conservatives vs #liberals, Justice #Sotomayor started work on a 5-alarm dissent warning of #danger to #democracy.

     In his writings on the #immunity case, #JohnRoberts seemed confident that his arguments would soar above #politics, persuade the public, & stand the test of time. [#hubris]

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #bias #corrupt

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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:25:58 JST Nonilex

     in reply to

     #ChiefJustice #JohnRoberts’ opinion cited “enduring principles,” quoted Alexander Hamilton’s endorsement of a vigorous presidency, & asserted it would be a mistake to dwell too much on #Trump’s actions. “In a case like this one, focusing on ‘transient results’ may have profound consequences for the separation of powers & for the future of our Republic,” he wrote. “Our perspective must be more farsighted.”

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:25:58 JST Nonilex

     in reply to

     …Both #conservatives & #liberals saw it as an epic win for #Trump. He & his supporters exulted over the decision, which greatly expanded presidential #immunity & pushed off any trial until well after the #election —if ever. To #Democrats, the #Republican-appointed #SCOTUS justices were brushing away the #violent Capitol attack & abandoning the core principle that no one is above the #law. The #ChiefJustice, who had long said he wanted to keep the court out of #politics, had plunged it deeply in.

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:26:31 JST Nonilex

     in reply to

     Now #JohnRoberts’ opinion is the key doc in a #legal drama playing out this autumn, as the judge presiding over the long-delayed trial, Tanya S. #Chutkan, parses what the court meant and how to move forward. Legal scholars say her job won’t be easy. Despite the #ChiefJustice’s reputation as a methodical craftsman, many experts, both conservative & liberal, say he produced a disjointed, tough-to-interpret opinion.

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism

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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:28:35 JST Nonilex

     in reply to

     #ChiefJustice #JohnRoberts’s Unsigned Opinion

     …In Feb, the justices heard arguments on a provocative question. The #Constitution’s #FourteenthAmendment, adopted after the Civil War, contains language barring #insurrectionists from holding office. So could #Colorado kick #Trump off the ballot in its #Republican primary, creating an obstacle for his presidential campaign?

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #extremism #MAGA #Republicans #corruption

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:28:35 JST Nonilex

     in reply to

     From the start of the justices’ private discussions of the case, #TrumpvAnderson, it was clear that the court was going to say no…. Allowing states to excise candidates from ballots in a national #election was out of the question, the justices agreed. With sparse & cryptic text in the amendment, & little case #law, to guide them, they raised various ideas for the court’s ruling & rationale.

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #extremism #corruption

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:28:36 JST Nonilex

     in reply to

     “It’s a strange, sprawling opinion,” said William Baude, a University of Chicago #law prof & a fmr clerk to #ChiefJustice #JohnRoberts. “It’s hard to tell what exactly it is trying to do.”

     Others said the ruling was untethered from the law. “It’s certainly not really tied to the #Constitution,” said Stephen R. McAllister, a law prof at University of Kansas & fmr clerk to Justice #ClarenceThomas.

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #corrupt

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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:29:08 JST Nonilex

     in reply to

     #SCOTUS’ #conservative supermajority has prevailed in many of the most consequential cases in recent years. This time, #ChiefJustice #JohnRoberts told his colleagues he wanted the decision to be unanimous & unsigned. In any politically charged case, agreement among the justices made the decision more authoritative. He even said he would consult individually w/everyone to discuss what they would accept — a rare step.

     #law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #corrupt

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Nonilex (nonilex@masto.ai)'s status on Monday, 16-Sep-2024 14:29:35 JST Nonilex

     in reply to

     While all 9 justices agreed that #Trump should remain on state ballots, 4 of the conservatives were pushing to go beyond that & rule that the #Constitution’s prohibition would require congressional action. Such a decision would provide even greater protection for Trump: To prevent him from taking office if he won re-election, #Congress would have to vote to enforce the #insurrectionist ban.

     #ChiefJustice #JohnRoberts #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism

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     Kevin Leecaster (greenfire@mstdn.social)'s status on Monday, 16-Sep-2024 14:31:03 JST Kevin Leecaster

     in reply to

     @Nonilex
     Chief Justice Roberts will go down in history as the most corrupt justice in U.S. history I expect.
     https://gazette.com/chief-justice-robertss-wife-made-10-3-million-from-top-law-firms-report/article_0902e6e9-9330-5c57-8beb-2f970a761d12.html

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     F.H. Voted for Harris (stylinstainless@mastodon.online)'s status on Monday, 16-Sep-2024 14:33:00 JST F.H. Voted for Harris

     in reply to

     @Nonilex Thank you for this. Wow. Also: yikes.

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     Pamela :yell: (pamela6591@mastodon.social)'s status on Monday, 16-Sep-2024 14:33:14 JST Pamela :yell:

     in reply to

     There are a lot of reports about this report from the NYTimes. It's big, big, very big news.

     I'd have never been able to read the original report without the gift link you supplied.

     Thank you. Thank you so much, @Nonilex

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 17-Sep-2024 10:20:59 JST Nonilex

     in reply to

     • Anne Applebaum

     More via the great #AnneApplebaum @anneapplebaum

     THE #JUDGES WHO SERVE AT #TRUMP’S PLEASURE

     The Founders abhorred a #judiciary more #loyal to the Crown than to the rule of #law. But now the independent system they designed is under #threat.

     #GiftArticle
     #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #extremism #MAGA #Republicans #neoconservatives #radicalization #bias #corruption #DisbandSCOTUS #FuckSCOTUS #SCOTUSreform
     https://www.theatlantic.com/magazine/archive/2024/10/judicial-independence-judge-aileen-cannon-trump/679561/?gift=guxsrl_dAdXUP9zqbQPWxexHkeRx4gmx4koAAe8BeUs&utm_source=copy-link&utm_medium=social&utm_campaign=share

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 17-Sep-2024 10:21:00 JST Nonilex

     in reply to

     That left #ChiefJustice #JohnRoberts in control of the outcome. He LINGERED over the choice…. Ultimately, he sided w/the 4 conservatives in an opinion that he wrote but that was issued unsigned. Justice #AmyConeyBarrett & the 3 #liberals wrote concurrences saying the majority had gone TOO FAR.

     #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 17-Sep-2024 10:21:00 JST Nonilex

     in reply to

     The case w/the potential to undermine charges against #Trump, spurred behind-the-scenes footwork by the justices, incl the mysterious reassignment of a majority opinion.

     #FischervUnitedStates, posed the question: Had prosecutors overreached in charging some #Jan6 *rioters* under a #law originally aimed at white-collar crime? Of the ~1,500 people who had been indicted in the Capitol attack as of June, when Fischer was decided, ~250 cases included a charge of #obstructing an official proceeding.

     Bill repeated this.