The Dictatorship
Justice Jackson chides ‘oblivious’ Supreme Court conservatives…
WASHINGTON (AP) — Supreme CourtJustice Ketanji Brown Jackson has delivered a sustained attack on her conservative colleagues’ use of emergency orders to benefit the Trump administration, calling the orders “scratch-paper musings” that can “seem oblivious and thus ring hollow.”
The court’s newest justice, Jackson delivered a lengthy assessment of roughly two dozen court orders issued last year that allowed President Donald Trump to put in place controversial policies on immigration, steep federal funding cuts and other topics, after lower courts found they were likely illegal.
While designed to be short-term, those orders have largely allowed Trump to move ahead — for now — with key parts of his sweeping agenda.
Jackson spoke for nearly an hour on Monday at Yale Law School, which posted a video of the event on Wednesday.
Last week, Justice Sonia Sotomayor similarly talked about emergency orders in an event Tuesday at the University of Alabama that also took issue with the conservatives’ approach.
Jackson has previously criticized the emergency orders both in dissenting opinions and in an unusual appearance with Justice Brett Kavanaugh last month. But her talk at Yale, addressing the public rather than the other eight justices, was notable.
She referred to orders, which often are issued with little or no explanation as “back-of-the-envelope, first-blush impressions of the merits of the legal issue.”
Worse still, she said, was that the court then insists that “those scratch-paper musings” be applied by lower courts in other cases.
The orders suffer from an additional problem, she said, a failure to acknowledge that real people are involved, making them “seem oblivious and thus ring hollow.”
She also pushed back on the court’s assessment that preventing the president from putting his policy in place also is a harm that often outweighs what the challengers to a policy might face.
“The president of the United States, though he may be harmed in an abstract way, he certainly isn’t harmed if what he wants to do is illegal,” Jackson said during a question-and-answer session with law school dean Cristina Rodriguez.
The court used to be reluctant to step into cases early in the legal process, she said. “There is value in avoiding having the court continually touching the third rail of every divisive policy issue in American life,” Jackson said.
While she said she couldn’t explain the change, “in recent years, the Supreme Court has taken a decidedly different approach to addressing emergency stay applications. It has been noticeably less restrained, especially with respect to pending cases that involve controversial matters.”
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Jackson, often joined by Sotomayor and Justice Elena Kagan, has frequently dissented.
There have been conversations about emergency orders among the justices, Jackson said, but she decided to speak publicly with the goal of being “a catalyst for change.”
Also on Wednesday, Sotomayor issued a rare public apology to another justice, Kavanaugh, for what she termed “hurtful comments” she made last week during an appearance at the University of Kansas law school.
Referencing an opinion Kavanaugh wrote in an immigration case where the court granted an emergency order sought by the administration, Sotomayor said her colleague “probably doesn’t really know any person who works by the hour.” Her remarks were reported by Bloomberg Law.
Writer E. Jean Carroll finally has the $5 million — plus interest — that a jury ordered President Donald Trump to pay her in damages in one of her two cases against him, after Trump fought the payout for years.
Court records posted Tuesday show a transfer of $5,625,005.48 to Carroll’s legal team took place the day before.
Carroll received the money more than three years after a jury found that the president was liable for sexually abusing her in a Manhattan department store in 1996, and then for defaming her on social media. Trump has repeatedly appealed the judgment to no avail — including petitioning the Supreme Court multiple times — and last week launched a last-ditch attempt to block her from getting the money.
Last Tuesday, his legal team filed a briefrequesting that the disbursement of the damages be halted, pointing to his pending request for the Supreme Court to reconsider its refusal to hear his appeal.
A federal judge nevertheless ordered Wednesday that Carroll be paid, prompting a swift appeal from Trump and a motion for an emergency administrative stay on the disbursement of the funds.
That request was denied.
“Three years ago, a unanimous nine-person jury found President Trump liable for sexually assaulting and defaming E. Jean Carroll. Today, we are pleased to report that she has received the damages payment the jury awarded her as a result of that verdict,” said Carroll’s lead attorney, Roberta Kaplan.
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
Lisa Rubin is MS NOW’s senior legal reporter and a former litigator.
To the extent that the United States and Iran had a ceasefire deal in place to end the deadly, destabilizing war, that agreement has unraveled. Donald Trump has declared the ceasefire “over”; both countries have renewed their military strikes; and the American president is positioning the U.S. as a mercenary forcewith plans to charge tolls to pay for guarding the Strait of Hormuz.
As for the deal the Trump administration negotiated with Iran, formally known as a memorandum of understanding, or MOU, conservative host Hugh Hewitt asked the president whether the framework was “built to fall apart.” The Republican responded with an answer he hadn’t shared previously.
“It was built to test. It was a test,” Trump replied. “We didn’t know. It didn’t, look, memorandum of understanding, when you’re dealing with sleazebags, don’t mean much. And they don’t mean much when you’re dealing with honorable people, too, because it’s memorandum of understanding. It doesn’t mean much.”
The president went on to say that Iran “didn’t honor the test,” before suggesting that he had predicted from the outset that officials in Tehran would cause the agreement to collapse through noncompliance. “I said, ‘Watch, I guarantee. Watch.’ And they never, they never followed it.”
The apparent point of the on-air comments wasn’t merely to blame Iran for the unravelling deal, it was also to convey the suggestion that Trump knew all along Iran would cause the framework to collapse.
The trouble is, very recent history proves otherwise.
It was exactly one month ago when the president published a statement to his social media platform, announcing, “The Deal with the Islamic Republic of Iran is now complete. Congratulations to all!” About an hour later, seemingly eager to pat himself on the back, he added“This Great Deal will bring Peace and Security to the whole Region. Many presidents have tried to make Peace with Iran, and all have failed before me. The Leaders of the Region have, for the first time, found a President who can help them achieve real Peace.”
In the days that followed, not only did Trump continue to celebrate his alleged triumph, but the White House invested an enormous amount of time and effort in touting the deal, all while Vice President JD Vance went on a media tour, doing his best to defend the policy on the merits.
There was nothing about this being a “test.” Not a word was uttered about the idea that the deal “doesn’t mean much.”
If the president expects his post hoc rationalization of this failure to persuade anyone, he’s probably going to be disappointed.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
The Dictatorship
GOP’s Ron Johnson shares, then retracts, a conspiratorial ‘rumor’ about Mitch McConnell
We’ve known for a month that Republican Sen. Mitch McConnell of Kentucky was hospitalized, but neither he nor anyone on his team has been willing to say why. Over the weekend, McConnell finally took steps to end the speculation, issuing a statement to explain that he’s been recovering from a fall, followed by what he described as “a mild case of pneumonia.”
The statement was accompanied by a photograph of the senator in a hospital bed alongside his wife, former Transportation Secretary Elaine Chao. For good measure, the image showed a newspaper — specifically, Sunday’s Washington Post sports section — in McConnell’s right hand.
It stood to reason that the statement and photo would revive the conversation about why the former Senate majority leader hadn’t disclosed any of these details earlier — the lack of transparency surrounding his personal health has long been a point of concern — but some in conservative politics went furtherfloating assorted conspiracy theories about the authenticity of the image of McConnell and his wife.
The chatter was not limited to the far-right fringe.
Republican Sen. Ron Johnson of Wisconsin appeared Monday on conservative media channel Real America’s Voice, where the senator told host Eric Bolling, in reference to the McConnell image, “I’ve just heard from some other sources that was an older photo. So I really don’t know.” (He did not identify his alleged “sources.”)
The Wisconsin Republican went on to say that he hadn’t spoken directly with McConnell, but that he hoped his colleague has a speedy recovery so he can return to Capitol Hill and help advance Donald Trump’s agenda.
Hours later, when pressed by reporters about his conspiratorial on-air comments, Johnson said, “It was a rumor, don’t — discount it, just discount it. … I just heard it, so assume it’s false.”
The bigger picture matters. Johnson isn’t just some guy; he’s a three-term member of the U.S. Senate who was speaking to a national television audience about an ailing colleague. It’s the opposite of his job to amplify baseless “rumors” and add fuel to fringe conspiracy theories. As the Wisconsin Republican really ought to know, those in his position have a responsibility to avoid conspiratorial nonsense.
What’s more, there’s the GOP senator’s track record to consider. Shortly after Trump grudgingly left the White House after his 2020 defeat, he was effectively banned from most major social media platforms and made few television appearances. Around this time, The New York Times described Johnson as Trump’s successor as the GOP’s “foremost amplifier of conspiracy theories and disinformation.”
In the years that followed, Johnson seemed a little too eager to prove his critics right, peddling bizarre and easily discredited nonsense about Covid-19. And the Jan. 6 attack. And vaccines. And climate change. And the 2020 presidential election. And the 2024 presidential election.
Last year, the Wisconsin Republican reached new depths, becoming the only senator from either party to embrace fringe ideas from the so-called 9/11 truther movement.
With this in mind, his on-air comments about McConnell and what he’s “heard from some other sources” are consistent with what we’ve come to expect from Johnson, though this only makes matters worse for his unfortunate reputation.
Finally, that the senator walked back his own rhetoric seemed like a step in the right direction, though I’m curious about his motivation: Did Johnson urge reporters to “discount” the “rumor” he spread because he recognized it as irresponsible, or was he scrambling to better position himself as the next chairman of the Senate Budget Committee in the wake of Sen. Lindsey Graham’s death?
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
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