I don't see a silver lining in this decision at all. The Supreme court is enabling Trumps obliteration of our democracy, case by case. Their dubious decisions, often without any explanation as to why they concluded what they did, are showcasing how partisan and corrupt the court really is. Thomas and Alito are stain on our judiciary. Until we get judges, who will act impartially, and will make decisions that are based in current law, we have no real justice here for the American people.
Although I agree with your comment, this article is strictly about the Ninth Circuit Court of Appeals. I'm not clear, though, on whether all 29 judges of that court weighed in on this decision, or just a panel made up of majority right-wing judges.
A few violent protesters do not justify sending in 4,000 National Guards and 700 US Marines. We know that the perpetrators will be prosecuted. Yet the Supreme Court has apparently forgotten January 6, 2021. The American people saw Trump supporters storm the US Capitol live on television. We watched as Donald Trump claimed he had no authority to send in the National Guard to stop his supporters from vandalizing the Capitol, defecating and urinating in the corridors and threatening congress members with harm. And Trump pardoned those insurrectionists. The GOP and MAGA are upset that the rest of us refuse to ignore reality. The siege of Los Angeles is another indicator that the US is sliding into fascism. Your silver lining is about semantics. It doesn't matter what doctrines are used by a Supreme Court that rubber stamps Trump's attacks on democracy. And repeating his rantings only reinforces the unfitness that the Supreme Court condones.
That's not much of a silver lining. The REAL criminal, the REAL insurrectionist, the REAL threat to public safety, peace, order, and good government, is still at large: Mr. Donald Trump.
Does this mean CA can sue, with reasonable chance of success, for the now federalized National Guard assisting recently in a DEA raid outside of LA in contravention of the order?
The Decision rendered on June 19, the U.S. Court of Appeals for the Ninth Circuit concerning Trump's federalizing the National Guard hit me hard. Considering the gravity of giving this Wanna-Be Dictator "broad discretion" Mr. Sarat's piece here is far too long and offers us very little. I too see no "silver lining." I hold a weak hope that CA will take it to the SCOTUS. It's a sad statement if the CA officials believe that defeat at the SCOTUS is a foregone conclusion. And yet... This Decision is a cloud over our entire democracy.
Another great article from Professor Sarat that deepens our understanding of the current issues in play - in this case what's happening in LA. While Professor Sarat makes clear that he disagrees with the Court's strained reasoning, he makes sure that we don't forgot to pay attention to the Insurrection Act. I hadn't known or had forgotten about the report created for T about how to set the stage for bringing on the Insurrection Act. That really would be scary. So yes, a silver lining if this bad court decision forestalled the Insurrection Act.
But you did not mention that a large number of local law enforcement in LA was perfectly trained and capable to control the few protesters—as it did by fewer than 200 arrests, most of whom were minor offenses! Where was the “rebellion” and where was the “violence” by a few protesters who did not injure a single officer, none of whom needed professional health care! Roberts and Barrett are a disgrace to an independent judiciary! This decision is the forerunner to Trump’s future decisions to cancel the 2026 election and to replace American democracy with fascist control! This conclusion is not an exaggeration unfortunately! And how dare you repeat Trump’s deliberate and vile misspelling's of the Governor’s name!
Wow. Throwing a few projectiles and a tussle with masked government goons as they raid the city and create terror, needs the National Guard, over regular law enforcement? I’m confused.
Sure there’s always a few bad apples.
But, if I remember correctly, the CO Supreme Court found Trump to have incited an insurrection. Two grand jury indictments never got to court because of the direct aiding and abetting of The Robert’s Court to allow Trump to escape accountability.
They gave him criminal immunity 40ish days after being convicted of 34 felony counts that led to election interference/influence in the 16 election. They are to interpret the law, not make up laws. The founders were pretty clear on despots, tyrants, overreach….
Each time he asserts individual will against an enemy or paranoid delusion with no authority but vengeance it is not policy. It’s not owed deference.
In fact, deference is laughable.
We were treated as jurors, not voters, who had no knowledge. He’s violated two Oath’s of Office so We The People are the ones owed deference. He has no mandate.
Everything is an admission of guilt. Yet, everyone is keenly aware of the danger he is to “national security” due to his own guilt or, if the cases were the same, unclean tiny hands.
CO Supreme Court made that decision.
If you’ve been found to have incited an insurrection by a state supreme court’s decision, deference is the last thing he’s owed on declaring the Insurrection Act.
You know the deference he’s owed? HOW to incite an insurrection.
Has he ever been duly elected?
The special prosecutor he is appointing is another example.
His docs case was tossed, DICTA, due to Smith not being constitutionally appointed.
Now he’s suing judges for their decisions in 2020. That’s individual will. Not policy and the taxpayers should not pay.
Why is the OBBB cutting anything? Gutting everything from the government to peanut paste is saving, right?
We just wasted 300M on a failed “NOBLE”PEACE PRIZE attack.
Do DOGE cuts/decisions stand when the deciding head, if DOGE was found to be legally created, is intoxicated on heavy cocktails of drugs. Binding?
Ok. I’m stopping.
But really 9th Circuit? Go kick sand in someone’s box. Same to The Robert’s Court.
It doesn’t seem to matter what the courts say since Trump always appeals and has won many times at the Supreme Court level. The information I read says 10 stays and 1 loss. The Supreme Court is corrupt and bought by MAGA.
Let me see if I understand this Amherst jurisprudence expert.
I will boil it down this way:
**Trump wants big lollipop. The 9th Circuit gave him little lollipop, even though he didn't deserve it, to reduce the chance that he might try to take big lollipop.** (But he still could, in a moment of pique.)
The rest of the professor's "silver lining" piece is a rehash of all that happened with federalizing the troops. Old news.
I don't see a silver lining in this decision at all. The Supreme court is enabling Trumps obliteration of our democracy, case by case. Their dubious decisions, often without any explanation as to why they concluded what they did, are showcasing how partisan and corrupt the court really is. Thomas and Alito are stain on our judiciary. Until we get judges, who will act impartially, and will make decisions that are based in current law, we have no real justice here for the American people.
Although I agree with your comment, this article is strictly about the Ninth Circuit Court of Appeals. I'm not clear, though, on whether all 29 judges of that court weighed in on this decision, or just a panel made up of majority right-wing judges.
A few violent protesters do not justify sending in 4,000 National Guards and 700 US Marines. We know that the perpetrators will be prosecuted. Yet the Supreme Court has apparently forgotten January 6, 2021. The American people saw Trump supporters storm the US Capitol live on television. We watched as Donald Trump claimed he had no authority to send in the National Guard to stop his supporters from vandalizing the Capitol, defecating and urinating in the corridors and threatening congress members with harm. And Trump pardoned those insurrectionists. The GOP and MAGA are upset that the rest of us refuse to ignore reality. The siege of Los Angeles is another indicator that the US is sliding into fascism. Your silver lining is about semantics. It doesn't matter what doctrines are used by a Supreme Court that rubber stamps Trump's attacks on democracy. And repeating his rantings only reinforces the unfitness that the Supreme Court condones.
That's not much of a silver lining. The REAL criminal, the REAL insurrectionist, the REAL threat to public safety, peace, order, and good government, is still at large: Mr. Donald Trump.
Does this mean CA can sue, with reasonable chance of success, for the now federalized National Guard assisting recently in a DEA raid outside of LA in contravention of the order?
The Decision rendered on June 19, the U.S. Court of Appeals for the Ninth Circuit concerning Trump's federalizing the National Guard hit me hard. Considering the gravity of giving this Wanna-Be Dictator "broad discretion" Mr. Sarat's piece here is far too long and offers us very little. I too see no "silver lining." I hold a weak hope that CA will take it to the SCOTUS. It's a sad statement if the CA officials believe that defeat at the SCOTUS is a foregone conclusion. And yet... This Decision is a cloud over our entire democracy.
Another great article from Professor Sarat that deepens our understanding of the current issues in play - in this case what's happening in LA. While Professor Sarat makes clear that he disagrees with the Court's strained reasoning, he makes sure that we don't forgot to pay attention to the Insurrection Act. I hadn't known or had forgotten about the report created for T about how to set the stage for bringing on the Insurrection Act. That really would be scary. So yes, a silver lining if this bad court decision forestalled the Insurrection Act.
What the court said here is that the president doesn’t need the insurrection act to send in troops
But you did not mention that a large number of local law enforcement in LA was perfectly trained and capable to control the few protesters—as it did by fewer than 200 arrests, most of whom were minor offenses! Where was the “rebellion” and where was the “violence” by a few protesters who did not injure a single officer, none of whom needed professional health care! Roberts and Barrett are a disgrace to an independent judiciary! This decision is the forerunner to Trump’s future decisions to cancel the 2026 election and to replace American democracy with fascist control! This conclusion is not an exaggeration unfortunately! And how dare you repeat Trump’s deliberate and vile misspelling's of the Governor’s name!
Wow. Throwing a few projectiles and a tussle with masked government goons as they raid the city and create terror, needs the National Guard, over regular law enforcement? I’m confused.
Sure there’s always a few bad apples.
But, if I remember correctly, the CO Supreme Court found Trump to have incited an insurrection. Two grand jury indictments never got to court because of the direct aiding and abetting of The Robert’s Court to allow Trump to escape accountability.
They gave him criminal immunity 40ish days after being convicted of 34 felony counts that led to election interference/influence in the 16 election. They are to interpret the law, not make up laws. The founders were pretty clear on despots, tyrants, overreach….
Each time he asserts individual will against an enemy or paranoid delusion with no authority but vengeance it is not policy. It’s not owed deference.
In fact, deference is laughable.
We were treated as jurors, not voters, who had no knowledge. He’s violated two Oath’s of Office so We The People are the ones owed deference. He has no mandate.
Everything is an admission of guilt. Yet, everyone is keenly aware of the danger he is to “national security” due to his own guilt or, if the cases were the same, unclean tiny hands.
CO Supreme Court made that decision.
If you’ve been found to have incited an insurrection by a state supreme court’s decision, deference is the last thing he’s owed on declaring the Insurrection Act.
You know the deference he’s owed? HOW to incite an insurrection.
Has he ever been duly elected?
The special prosecutor he is appointing is another example.
His docs case was tossed, DICTA, due to Smith not being constitutionally appointed.
Now he’s suing judges for their decisions in 2020. That’s individual will. Not policy and the taxpayers should not pay.
Why is the OBBB cutting anything? Gutting everything from the government to peanut paste is saving, right?
We just wasted 300M on a failed “NOBLE”PEACE PRIZE attack.
Do DOGE cuts/decisions stand when the deciding head, if DOGE was found to be legally created, is intoxicated on heavy cocktails of drugs. Binding?
Ok. I’m stopping.
But really 9th Circuit? Go kick sand in someone’s box. Same to The Robert’s Court.
So much for clerking for Great Scalia. JFC.
It doesn’t seem to matter what the courts say since Trump always appeals and has won many times at the Supreme Court level. The information I read says 10 stays and 1 loss. The Supreme Court is corrupt and bought by MAGA.
Let me see if I understand this Amherst jurisprudence expert.
I will boil it down this way:
**Trump wants big lollipop. The 9th Circuit gave him little lollipop, even though he didn't deserve it, to reduce the chance that he might try to take big lollipop.** (But he still could, in a moment of pique.)
The rest of the professor's "silver lining" piece is a rehash of all that happened with federalizing the troops. Old news.