I think it would be an extra interesting detail to include the number of pages of reasoning for each decision, both in total and on average. Really want to demonstrate how the SC orders are just so lacking in comparison!
I don’t have the numbers. But your intuition seems right. SCOTUS hasn’t issued many actual orders. They’ve mostly relied on emergency motions with little to no written justification to lift TROs and injunctions.
I haven’t collected the data for previous administration yet. But it’s hard to make a direct comparisons because SCOTUS is relying heavily on the shadow docket. The courts only issued 28 preliminary injunctions during all 4-years of the Biden admins. Only once did SCOTUS lift an injunction—on the Corporate Transparency Act case. And that happened three days after Biden left office.
I do think that a comparison to previous administrations would be very helpful in cementing the case that this is an unprecedented phenomenon. Would love to see the numbers. Great piece!
Purely out of curiosity I'd like to hear why the answer to why the SCOTUS has been ruling in favor of the Trump administration isn't a far simpler and more direct reason.
That reason being the strong possibility that the root of any issue here lies with these lower court judges and lower court decisions being plain wrong and stacked against the Trump administration in telling ratios.
Were that a more plausible reading of the underlying theme, then the fact that the SCOTUS continues to run up a string of "wins" for President Trump becomes more easily explained.
It's their judicial duty after all to overturn those rulings which are clearly unconstitutional or unsupported by the body of case law preceeding them, is it not?
Occam's Razor may be your more accurate friend here, my friend.
Way past time, once there is a Dem Potus, to have 14 yr retroactive term limits. If the Dems win House/Senate in midterms, impeach overtly corrupt Alito/Thomas. Chief Judtice Roberts is in the same baleful league as Taney. Have they no shame, have they no care for the state of our democracy? No need to ponder as the questions answer themselves, tragically.
You’re missing the point - badly. The Supreme Court arbitrates between laws and policy in terms of how it relates to the constitution. Being “close” to the evidence in your mentality, means being influenced by emotion. That is the leftist DNA at work, sabotaging your mental acuity and turing all “legal” decisions into tear-filled soap operas.
A better and more telling analysis would be to take the same data and compare it to which president appointed these judges at all three levels. And if you find liberal judges tack to the left and conservative judges tack to the right, then you just cemented in the importance of elections.
"These same justices would never have allowed a Democratic administration to take similar actions, like abolishing federal agencies by executive order or federalizing national guards without state approval and deploying the military against peaceful protesters. Yet when Trump bulldozes through constitutional limits, the Court waves him on."
Oh there is nothing I like more than weak counter-factuals.
The judiciary is a hierarchical organization. Lower courts are required to follow the orders of higher courts. They are not independent decision makers entitled to disagree with a higher court. Even in cases not involving Trump, most lower court decisions are reversed if reviewed by the Supreme Court. All this article demonstrates is the success plaintiffs had in cherry-picking lower court judges who would agree with them.
Nonsense. The lower courts are abusing their authority & SCOTUS is halting that abuse. I notice your lack of comment on Brandon’s “The Supreme Court told me I couldn’t do it, but they didn’t stop me.” So your piece is more than a bit unbalanced, no?
Now discuss how the reversals came from known far left politically active judges where the results could be predicted by those who did the forum shopping to file their cases...
Perhaps there was good legal reasoning for all of the reversals?
As if you rightists understand what law or policy is or anything besides your arbitrary desires, evil, depravity, and wickedness. You frame others, you abuse your power, you do not obey the law or any word in the constitution. You simply bow and pray before you're living idol. Unlike you slaves and enemies of the constitution and God, I know the praxis of my civic ancestors, I know that there is a form of government besides mindless slavish obedience to cruel and arbitrary whims of a single man. You people tell me that this constitutional anarchy and rule by decree is the praxis of the founders? You have given all executive and legislative authority to a single man and you can that the constitution? He is the judicial authority in practice too, unless you can wake the Supreme Court up, everything is Trumps business, clearly to get anything done in this nation you must petition one of the maga nobility who have been granted immunity from all laws, and who's word it is illegal to contradict (if you express your disagreement with their arbitrary lawless decrees or point out they're abuses of authority and so cause personal embarrassment to their precious ego, that's censorship, you made them feel bad just because they broke the law. When the fuhrer made them above it and a mere peasant like you has no right to question them as they make up laws and frame innocent people to accomplish political goals without any consequence. You people are wicked, evil, lawless, and depraved fundamentally to your core. No rightist is virtuous or just, they are wicked parasites they just desperately seek absolute tyranny and dominion over others.
Everyone keeps calling this “The Roberts Court,” but it’s time we call it what it is: “The Trump Court.” A court filled with originalists so original, they just make up their own laws.
A Dem potus? Sorry do you mean King? What is a democrat with a capital D? A reed shaking timorously in the wind? Surely disUSA has abandoned that nonsense and returned to the glory of the feudal middle ages? Midterms? What is a term?
I think it would be an extra interesting detail to include the number of pages of reasoning for each decision, both in total and on average. Really want to demonstrate how the SC orders are just so lacking in comparison!
I don’t have the numbers. But your intuition seems right. SCOTUS hasn’t issued many actual orders. They’ve mostly relied on emergency motions with little to no written justification to lift TROs and injunctions.
How does this compare to Supreme Court under previous administrations?
I haven’t collected the data for previous administration yet. But it’s hard to make a direct comparisons because SCOTUS is relying heavily on the shadow docket. The courts only issued 28 preliminary injunctions during all 4-years of the Biden admins. Only once did SCOTUS lift an injunction—on the Corporate Transparency Act case. And that happened three days after Biden left office.
I do think that a comparison to previous administrations would be very helpful in cementing the case that this is an unprecedented phenomenon. Would love to see the numbers. Great piece!
Purely out of curiosity I'd like to hear why the answer to why the SCOTUS has been ruling in favor of the Trump administration isn't a far simpler and more direct reason.
That reason being the strong possibility that the root of any issue here lies with these lower court judges and lower court decisions being plain wrong and stacked against the Trump administration in telling ratios.
Were that a more plausible reading of the underlying theme, then the fact that the SCOTUS continues to run up a string of "wins" for President Trump becomes more easily explained.
It's their judicial duty after all to overturn those rulings which are clearly unconstitutional or unsupported by the body of case law preceeding them, is it not?
Occam's Razor may be your more accurate friend here, my friend.
Way past time, once there is a Dem Potus, to have 14 yr retroactive term limits. If the Dems win House/Senate in midterms, impeach overtly corrupt Alito/Thomas. Chief Judtice Roberts is in the same baleful league as Taney. Have they no shame, have they no care for the state of our democracy? No need to ponder as the questions answer themselves, tragically.
You’re missing the point - badly. The Supreme Court arbitrates between laws and policy in terms of how it relates to the constitution. Being “close” to the evidence in your mentality, means being influenced by emotion. That is the leftist DNA at work, sabotaging your mental acuity and turing all “legal” decisions into tear-filled soap operas.
A better and more telling analysis would be to take the same data and compare it to which president appointed these judges at all three levels. And if you find liberal judges tack to the left and conservative judges tack to the right, then you just cemented in the importance of elections.
"These same justices would never have allowed a Democratic administration to take similar actions, like abolishing federal agencies by executive order or federalizing national guards without state approval and deploying the military against peaceful protesters. Yet when Trump bulldozes through constitutional limits, the Court waves him on."
Oh there is nothing I like more than weak counter-factuals.
The judiciary is a hierarchical organization. Lower courts are required to follow the orders of higher courts. They are not independent decision makers entitled to disagree with a higher court. Even in cases not involving Trump, most lower court decisions are reversed if reviewed by the Supreme Court. All this article demonstrates is the success plaintiffs had in cherry-picking lower court judges who would agree with them.
Nonsense. The lower courts are abusing their authority & SCOTUS is halting that abuse. I notice your lack of comment on Brandon’s “The Supreme Court told me I couldn’t do it, but they didn’t stop me.” So your piece is more than a bit unbalanced, no?
Now discuss how the reversals came from known far left politically active judges where the results could be predicted by those who did the forum shopping to file their cases...
Perhaps there was good legal reasoning for all of the reversals?
Wow.
Bonica isn’t operating in an alternate reality—he (and his like-minded lunatics) are full-fledged fabulists.
As if you rightists understand what law or policy is or anything besides your arbitrary desires, evil, depravity, and wickedness. You frame others, you abuse your power, you do not obey the law or any word in the constitution. You simply bow and pray before you're living idol. Unlike you slaves and enemies of the constitution and God, I know the praxis of my civic ancestors, I know that there is a form of government besides mindless slavish obedience to cruel and arbitrary whims of a single man. You people tell me that this constitutional anarchy and rule by decree is the praxis of the founders? You have given all executive and legislative authority to a single man and you can that the constitution? He is the judicial authority in practice too, unless you can wake the Supreme Court up, everything is Trumps business, clearly to get anything done in this nation you must petition one of the maga nobility who have been granted immunity from all laws, and who's word it is illegal to contradict (if you express your disagreement with their arbitrary lawless decrees or point out they're abuses of authority and so cause personal embarrassment to their precious ego, that's censorship, you made them feel bad just because they broke the law. When the fuhrer made them above it and a mere peasant like you has no right to question them as they make up laws and frame innocent people to accomplish political goals without any consequence. You people are wicked, evil, lawless, and depraved fundamentally to your core. No rightist is virtuous or just, they are wicked parasites they just desperately seek absolute tyranny and dominion over others.
Everyone keeps calling this “The Roberts Court,” but it’s time we call it what it is: “The Trump Court.” A court filled with originalists so original, they just make up their own laws.
A Dem potus? Sorry do you mean King? What is a democrat with a capital D? A reed shaking timorously in the wind? Surely disUSA has abandoned that nonsense and returned to the glory of the feudal middle ages? Midterms? What is a term?