In her dissenting opinion, which was joined by Justices #KetanjiBrownJackson & Elena #Kagan, Justice Sonia #Sotomayor blasted the court’s conservative majority for using one set of rules to uphold #redistricting maps that benefit #white voters & #Republicans in states like #Texas while using a completely different set of rules to strike down maps that benefit racial “minorities” & #Democrats in places like #NewYork.
#law #SCOTUS #democracy #VRA #ElectionLaw #gerrymandering #authoritarianism
Carole #Cadwalladr hat es wieder auf den Punkt gebracht. Auch sie bezieht sich wieder auf Vaclav #Havel, um die Ereignisse in #Minnesota zu beschreiben.
Neu war mir, dass NYPD Beamte den #ICE Agenten die Masken heruntergerissen haben um sie zu kenntlich zu machen. Es scheint also noch nicht alles verloren in den #USA. Auch ihr Interview mit #Kagan sagt so einiges aus. Selbst die Politiker haben Angst.
🌀 https://broligarchy.substack.com/p/death-squads-execute-second-dissident
‘Europeans have to understand that it’s over’: historian Robert Kagan on Trump’s coming ‘dictatorship’ and the end of the western alliance
#Kagan #Cadwalladr #TheNerve #WhiteSumpremacy #Europe #Threat #USPol
RE: https://mastodon.social/@chrisstoecker/115920763878337154
A well-thought-out article by Robert Kagan in The Atlantic about how 'Trump will leave America less prosperous—and the whole world less secure.'
'Americans are so accustomed to this basically peaceful, prosperous, and open world that they tend to think it is the normal state of international affairs, likely to continue indefinitely.
They can’t imagine it unraveling, much less what that unraveling will mean for them.'
Justice #Kagan says #Congress, not the president, had the power to #tax & regulate foreign commerce.
Justice #Sotomayor is pressing the government on the fact that #tariffs are a form of #taxation, which rests in the hands of lawmakers to enact. “It’s a congressional power, not a presidential power, to tax,” she said.
Sauer argues that what is at issue in this case is not the “power to tax,” an authority given to Congress, but the ability to regulate foreign powers.
土耳其發現1250萬公噸稀土，有望成繼中國、巴西之後全球第3大蘊藏量國
中央通訊社 2025-11-03 10:38:00 CST土耳其發現 1250 萬公噸稀土蘊藏，若獲證實，可望成全球第三大蘊藏國。土國正尋求外國技術合作以建立本土產能，目標躋身主要生產國之列，並規劃於 2027 年後投產。
Justice #Kagan is pointing out that Section 2 of the #VotingRightsAct is not aimed at preventing #racial #discrimination that comes as an effect of #redistricting, regardless of its intent by map drawers.
“Section 2 is not about intentional discrimination. Section 2 is about effects,” Kagan says.
#SCOTUS #law #VotingRights #VRA #CivilRights #ActivistCourt #WhiteSupremacy
Nelson pushed back. It’s not #discrimination for states to keep race in mind as they draw voting districts to comply with the #VRA & ensure representation for minority votes, she argued.
Under questioning from Justice Elena #Kagan, Nelson describes as “catastrophic” the impact of Secton 2 of the #VotingRightsAct ceasing to prevent vote dissolution, including in legislative districts beyond #Congress.
#SCOTUS #law #VotingRights #VRA #CivilRights #ActivistCourt #WhiteSupremacy
The 3 tend to take somewhat different approaches. #Kagan has typically focused on exposing the majority’s shoddy reasoning, #Sotomayor has underscored its complicity in wrong, & #Jackson has placed it within larger systems of oppression. One might think…that everything is as it should be: #SCOTUS takes cases. It hears arguments, & it votes. Those on the losing end dissent. One can read the majority opinion & the dissent, & see reasonable people disagreeing courteously & reasonably.
The Court’s Liberals Are Trying to Tell Americans Something
Justices #Kagan, #Jackson, & #Sotomayor aren’t merely disagreeing with the majority’s technical readings of the #law.
By Aziz Huq
In recent #SCOTUS terms, Justices Elena Kagan, Sonia Sotomayor, & Ketanji Brown Jackson have issued defiant dissents that push back against a seemingly endless cascade of conservative opinions.
What the order did not include was any explanation of why the court had ruled as it did. It was an exercise of #power, not reason.
The silence was even more striking in the face of a 19-page dissent by Justice Sonia #Sotomayor, joined by Justices Elena #Kagan and Ketanji Brown #Jackson.
“The majority is either willfully blind to the implications of its ruling or naïve,” Sotomayor wrote, “but either way the threat to our #Constitution’s #SeparationOfPowers is grave.”
#Sotomayor dissent joined by #Kagan & #Jackson: “The reverberations of the Court’s error will be felt, I fear, for generations. Unable to condone that grave misjudgment, I dissent.”
#law #SCOTUS #PublicSchool #schools #education #LGBTQ+ #censorship #bigotry
🧵
#Kagan writes: "Under our #nondelegation precedents, #Congress sufficiently guided & constrained the discretion that it lodged with the #FCC to implement the universal-service contribution scheme. And the FCC, in turn, has retained all decision-making authority within that sphere, relying on the ‘corporation’ only for nonbinding advice. Nothing in those arrangements, either separately or together, violates the Constitution."
#law #SCOTUS #ERate #phone #internet #subsidies #LowIncome
🧵
The next opinion is #FCC v. Consumers' Research [anti-woke folk]
It is by Justice #Kagan, & the vote is 6-3 again. #Gorsuch dissents, joined by #ClarenceThomas & #Alito.
https://www.supremecourt.gov/opinions/24pdf/24-354_0861.pdf
It holds that neither #Congress's delegation of #power to the FCC or the FCC's delegation of power to the private corporation violated a theory known as the #nondelegation doctrine.
#law #SCOTUS #ERate #phone #internet #subsidies #LowIncome
🧵
From the opinion of the court: The principal dissent’s analysis of the #ExecutiveOrder is premature because the #BirthrightCitizenship issue is not before us. [excuses excuses]
Justice #Sotomayor dissents, in an opinion joined by #Kagan & #Jackson. Jackson also has a separate dissent.
#Trump #SCOTUS #judiciary #authority #immigration #law
🧵
The newest member of the #SCOTUS, #KetanjiBrownJackson, is the epitome of the #rhetorical Justice. Last week, as the Court prepared to finish its work for the year, Jackson issued a pair of dissents that signalled her despair over the Court’s trajectory, her refusal to sugarcoat its behavior, & her willingness to break with her [appeasing] #liberal colleagues, #Kagan & Sonia #Sotomayor.
#law #dissent #resist #PartisanCourt #ActivistCourt #FederalistSociety #Christian #NewApostolicReformation
A rhetorical Justice can call out the conservatives for the sake of educating the current public & planting a flag for history. Or she—& the 3 #liberals are all #women—can tailor her response to the specific case.
Elena #Kagan exemplifies this last, hybrid model. She is more than willing to let the majority have it when that is warranted; she also forges compromises w/individual #conservatives when it is possible to pick up their votes.
In a unanimous decision by Justice Elena #Kagan, #SCOTUS held that a lawsuit by the Mexican government was barred by #US #legislation that insulates #GunMakers from #liability. #Mexico, she wrote, had not plausibly argued that American #GunManufacturers had aided & abetted in unlawful #gun sales to Mexican #DrugTraffickers.
Supreme Court justices #Kagan and #Jackson went to Harvard (as undergraduates and law students). So did Roberts and Gorsuch (undergrads and law, as well). I think we can guess what the first two think of Harvard's excellent decision to refuse to get in line with Trump's demands. I wonder what the latter two think.
Maybe we'll find out.
