Wednesday, January 24, 2024

I Had Forgotten: The Same Five Supremes That Stopped Texas -- And The Razor Wire Barrier -- Are The Five That Stopped Fifth Cir. Attempts To Continue "Ghost Gunning".


Brett Kavanaugh (as I said) was no surprise as a dissenter -- in the razor wire barrier case, at the Supremes.

I was surprised by Barrett joining the Chief -- and perhaps I should not have been. [Perhaps due to bias in favor of the state where I grew up, I thought better of Gorsuch. I shouldn't have.]

It turns out that a fine UT Austin law prof has reminded me that Justice Barrett was also the deciding vote in favor of allowing Mr. Biden's prosecution of "ghost gunner" kits. . . to take effect. Again, it was a Fifth Circuit imposition of an injunction, against clear federal statutory authority, as applied to the states -- in both the gun- and razor- cases. And Barrett voted to strike both of those lawless injunctions.

The ghost guns were doubtlessly allowing crooks to use firearms to kill opponents with utterly untraceable weapons, assembled at home. The razor wire barrier was responsible for at least three drownings, in the past two weeks -- and the laceration of dozens of young asylum seekers, as photographic evidence from CBP proved.

So, maybe Associate Justice Amy Coney Barrett is not quite the Federalist shill I imagined her to be. My apologies. Let us see how she rules on Tangerine's preposterous "absolute immunity" farce, due up for argument. . . very shortly. That will be the acid test. And a decision on it is likely before March 4, 2024. Stay tuned.

नमस्ते

4 comments:

Anonymous said...

So, if the SCOTUS approves 'unlimited immunity,' what will they do if Biden then decides to disregard any of their recent decisions that he objects to? What happens after the next election if Biden loses and doesn't step down?

I don't see how they could allow Trump's claim but, I sure hope they are thinking about consequences.

Just a thought exercise

condor said...

You are absolutely correct, Anon.

The position taken by Tangerine. . . is preposterous on its face. As other law profs have pointed out, if the Supremes agree with Trump -- then (however unlikely an outcome this might seem!), tomorrow morning, Mr. Biden could order Seal Team Six "to shoot Trump dead in the middle of Fifth Avenue" (where have I heard that turn of phrase before?). . . and immediately resign before any Congressional impeachment articles were filed -- leaving Kamala Harris as the now-President to serve out his lame duck term.

And. . . Mr. Biden absolutely could NOT be prosecuted -- in fact, he could have self-pardoned, right before he left office (again, under the Trumpian insane views of our federal laws). He'd be doubly protected -- and would keep his government pension.

Obviously, even Alito and Thomas know this.

But it won't stop fiery dissents from both, when Trump is ordered to step forward, and face his indictments and stand immediate trials, in three felony court houses.

[He has -- with the aid of Aileen Cannon, in Florida, been able to slow walk that stolen Top Secret documents case. At least for now.]

Excellent input, Anon.!

Thanks!

Anonymous said...

Clearly a case of 'be careful for what you wish for~~'

condor said...

Indeed.

But you presume a level of strategic thinking that this particular 91 count felony indictee increasingly demonstrates. . . he lacks.

Namaste!