Happy 4th of July
It’s Independence Day and we’re watching the closing act of democracy as we know it. Obviously, I am not feeling patriotic and this post is a doozy to buckle up or come back for something a little lighter next time.
Photo by Stephanie McCabe on Unsplash
First things first, are you registered to vote? If you aren’t sure, check here. If you aren’t registered, register here. Don’t forget to use your voice and cast your vote.
Don’t forget that you are voting for so much more than a President, representative, or senator. You are voting for the people who will appoint justices to the Supreme Court for the rest of their lives. That’s a long ass time to have a job. And right now, a crunch wrap from Taco Bell is more supreme than this fucking court.
For snarky, easy-to-understand videos by an attorney on these issues, check out the reels by reb on Instagram.
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Over the last week, the Supreme Court has made some absolutely unhinged, democracy fucking opinions.
In Loper Bright Enterprises v. Raimondo, they overturned Chevron (full name in the quote below), which has been in place since the 80s. Justice Kagan’s dissent starts on page 83, here are some highlights:
“For 40 years, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984), has served as a cornerstone of administrative law, allocating responsibility for statutory construction between courts and agencies. Under Chevron, a court uses all its normal interpretive tools to determine whether Congress has spoken to an issue. If the court finds Congress has done so, that is the end of the matter; the agency’s views make no difference.”
“The majority’s whole argument for overturning Chevron relies on Section 706. But the text of Section 706 does not support that result. And neither does the contemporaneous 24 LOPER BRIGHT ENTERPRISES v. RAIMONDO KAGAN, J., dissenting practice, which that text was supposed to reflect. So today’s decision has no basis in the only law the majority deems relevant. It is grounded on air.”
“What actions can be taken to address climate change or other environmental challenges? What will the Nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.? In every sphere of current or future federal regulation, expect courts from now on to play a commanding role. It is not a role Congress has given to them, in the APA or any other statute. It is a role this Court has now claimed for itself, as well as for other judges.”
In Trump v. United States, they effectively made way for America to have Kings. The dissent written by Justice Sotomayor starts on page 68, here are some highlights:
“In sum, the majority today endorses an expansive vision of Presidential immunity that was never recognized by the Founders, any sitting President, the Executive Branch, or even President Trump’s lawyers, until now. Settled understandings of the Constitution are of little use to the majority in this case, and so it ignores them.”
“When Presidents use the powers of their office for personal gain or as part of a criminal scheme, every person in the country has an interest in that criminal prosecution. The majority overlooks that paramount interest entirely”.
“Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy, I dissent.”
So please, for the love of the last shreds of democracy, VOTE!
Photo by Stephanie McCabe on Unsplash
