Monday, July 1, 2024

Ugh. [Updated: Effectively, A Punt, On Immunity.] Meanwhile, The Supremes, 6-3, Give Well-Heeled Business Interests Unlimited Time To Sue Over Regulations They Don't Like -- Even 20 Years Later.


The case is called Corner Post -- and it is a gift to wealthy groups and businesses -- ones that want to invalidate long standing regulations, using the APA. It does so, by changing the statute of limitations (by simply saying despite the unambiguously clear law that the Congress wrote, and the long-ago President signed), the right-wing five Justices will simply ignore the plain text, and invent an argument for why wealthy people may sue for any supposed slight, from a regulation -- essentially forever.

So, Justice Jackson has the better opinion -- in dissent (see below). But it only attracted three votes.

. . .The Court’s baseless conclusion means that there is effectively no longer any limitations period for lawsuits that challenge agency regulations on their face. Allowing every new commercial entity to bring fresh facial challenges to long-existing regulations is profoundly destabilizing for both Government and businesses. It also allows well-heeled litigants to game the system by creating new entities or finding new plaintiffs whenever they blow past the statutory deadline.

The majority refuses to accept the straightforward, commonsense, and singularly plausible reading of the limitations statute that Congress wrote. In doing so, the Court wreaks havoc on Government agencies, businesses, and society at large. I respectfully dissent. . . .

At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court's holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government. . . .


On, to the immunity opinion. More soon. So -- the immunity decision simply sends it back to the trial court for more fact finding: was Tangerine's J6 speech core duty? I think not. Most charitably, it would have been a political rally -- not a duty of the DEPARTING occupant of 1600 Penn. So more delay. Ugh. We must remove his influence at the ballot box, in November. Out.

नमस्ते

11 comments:

Anonymous said...

https://www.yahoo.com/news/us-supreme-court-due-rule-100711073.html

So, all Biden has to do is say 'I'm nullifying any election at this time because a felon cannot be in charge of the country.' Then let the courts play out with Biden saying I'm immune....

Ugh~~

condor said...

Hilarious. But yes, that is the logical extension of the cowardice of the five conservative Justices, this morning.

I say let's just beat him soundly, in November (by more than 10 million votes!) and end this nightmare.

About three years from now, the final decision at the Supremes will be that J6 was at best a political rally, and at worst. . . an insurrection.

But it was, in no manner a core duty of the Presidency.

He's going to jail for it -- but he'll go for financial frauds, document stealing and election crimes before that.

Ugh, indeed.

Anonymous said...

I think it is time to re-consider where I live: https://www.msn.com/en-us/money/realestate/this-idyllic-swedish-town-is-selling-off-land-for-the-price-of-a-cup-of-coffee/ar-BB1p3eh6


I'm not optimistic about the next election~~~
Though, I'm not a fan for long winter nights either~~~~

condor said...

I know you are (mostly?!) kidding. . .

But I will admit that there are lots of idyllic spots in the Canadian Rockies. . . and along the South of France. . . as well. And they chant to me, on the less hopeful nights -- like Thursday of last week

Yep -- I may just spend four years on the French Riviera, or in a seaside resort in Greece -- if this all goes sideways.

But with my better eyes, in the luminous but clear dawn light. . . I suspect we will see the rule of law and ordered liberty. . . prevail -- in the November elections.

Namaste. . . .

Anonymous said...

Justices have just given Presidents immunity from assassinating Supreme Court Justices who he/she doesn't like and nominating replacements more to his liking.

Anonymous said...

Be careful what you wish for. (Or rule)

condor said...

I hear you -- Anon. No. Two. . .

But of course, Roberts / Alito / Thomas would say assassinations are not a "core duty" of the sitting President.

These jokers would be hard pressed, though (as we've mused this morning), to say that were Mr. Biden to decide -- by executive order to TEMPORARILY suspend the November election -- until we have final jury verdicts, on all the felony indictments pending. . . (since more than a few implicate national security), as being "an emergency power, for the good of national security" (or some such). . . is not a core duty of the office (to uphold and faithfully execute the laws).

These are indeed -- very crazy times. The right has no idea of the banshees now floating free, out of the Pandora's Box it created of new wood, this morning -- and then flung open.

Nixon is still good law, though. That is the touch-stone:

https://supreme.justia.com/cases/federal/us/418/683/#tab-opinion-1950929

Onward!

Anonymous said...

In practical terms, that can be sorted out after the fact.

condor said...

I know all the Anons understand that these are hypotheticals… all driven by Roberts’ choosing to craft new “judge made” law today, without ever explaining why the Blassingame decision wouldn’t control here. He spoke to it at least ten times, at oral argument — but effectively ghosted it, this morning. See EW today:

https://www.emptywheel.net/2024/07/01/justice-roberts-drone-strike-on-george-washingtons-legacy/

The point is that it is an activists’ court now — no originalists in sight, after Scalia’s death.

Charming.

But then (cool, cool!) of geese — and gander — sez me.

Out.

Anonymous said...

should have put this in the older post but, I'm lazy.

I'm not the only one calling for a pox on Trump:

https://www.yahoo.com/news/supreme-court-immunity-ruling-makes-183023966.html

though, I do agree...he shouldn't.

condor said...

Yup -- I agree 100%, obviously.

And I did decide to move yours here -- so that we'd keep a "continuity" of the recorded dialogue running.

Hope you don't mind!

Namaste. . . .