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  1. #251
    dangerous floater Winehole23's Avatar
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    the unsigned order in Orr waves its hands at irreparable harm—asserting, with precisely zero support, that the district court’s injunction irreparably harms the government because it “enjoins enforcement of an Executive Branch policy with foreign affairs implications concerning a Government do ent.” As you might have noticed, there’s no discussion of how sex markers on a passport have any “foreign affairs implications,” let alone how those implications, whatever they may be, are somehow “irreparable.” In other words, the order does nothing (and, frankly, the Trump administration’s briefs don’t do much more) to explain how the district court’s injunction harms the “government’ at all—let alone in a way that can’t be fixed through an ordinary appeal.


    This last point is especially telling, since the district court’s injunction simply returned the status quo to the very policy that the U.S. government had followed for the preceding 33 years. And lest this seem like a technical point, it’s absolutely essential to the majority’s analysis; without “irreparable harm,” the Trump administration would not be en led to relief no matter what else is true about this case.

  2. #252
    dangerous floater Winehole23's Avatar
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    placing the burden on the respondents (the plaintiffs) to show that the new passport policy is motivated by animus against transgender or nonbinary individuals, and that it violates the APA. It’s the Trump administration that’s seeking emergency relief; the burden is, or at least should be, on it to explain why the lower courts were wrong on these fronts—including by explaining what possible reason it could have for the policy other than the transparent animus reflected in President Trump’s executive order.


    Again, as with the underlying irreparable harm finding, these moves were also critical to the case—because one could believe that the government is harmed and still think that the harms in the other direction are sufficiently serious to justify leaving the district court’s injunction in place. But for the Supreme Court and emergency applications from the Trump administration, the rules are just … different.

  3. #253
    dangerous floater Winehole23's Avatar
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    From the Justice Jackson dissent

    This Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification
    https://www.supremecourt.gov/opinion...5a319_i4dj.pdf

  4. #254
    dangerous floater Winehole23's Avatar
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    Trump very worried SCOTUS will rule against him

    btw, Trump can get all the tariffs he wants through Republicans in Congress

    is governing the regular way no longer an option?



  5. #255
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    Trump slaps snow flake democrats again with government shutdown....lmao

  6. #256
    dangerous floater Winehole23's Avatar
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    Gay marriage safe, for the time being

  7. #257
    dangerous floater Winehole23's Avatar
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    Kim Davis may finally have to pay the people whose rights she violated

  8. #258
    dangerous floater Winehole23's Avatar
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    could be a big one

    phantom originalism, tbh

    elections have never been over on election day

    https://www.supremecourt.gov/docket/...c/24-1260.html

  9. #259
    dangerous floater Winehole23's Avatar
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    could be a big one

    phantom originalism, tbh

    elections have never been over on election day

    https://www.supremecourt.gov/docket/...c/24-1260.html
    but that seems to be the MAGA aspiration

    breathtaking and arbitrary abrogation of voting

  10. #260
    dangerous floater Winehole23's Avatar
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    my PFA take is it won't work

    50 states run elections

    the anti-MAGA wave can't be cheated, even by the cheaters

  11. #261
    dangerous floater Winehole23's Avatar
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    Trump slaps snow flake democrats again with government shutdown....lmao
    Trump didn't do squat

  12. #262
    dangerous floater Winehole23's Avatar
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    The House of Representatives has been sitting on its hands doing nothing since a few days in September

    The Epstein shutdown started in August for the House of Representatives

    Couldn't get to 60 in the Senate until a few minutes ago, because the pain Republicans are inflicting on the body politic is quite real, and the US Senate moves slow

  13. #263
    dangerous floater Winehole23's Avatar
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    everything now depends on House Republicans to reconcile with the Senate version and reopen the government

  14. #264
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    Trump didn't do squat
    He made you fold

  15. #265
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    Absolutely right, Snake....he made democrats take a knee.

  16. #266
    Andrew Dufresmed Millennial_Messiah's Avatar
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    Kim Davis may finally have to pay the people whose rights she violated
    My theory on why SCOTUS isn't keen on overturning Obergefell (even though it should absolutely be, fundamentally, cons utionally, a states' rights issue) is simply because the conservative majority learned their lesson from the 2022 midterms that you don't awaken the left wing hornet's nest too close to the 2026 midterm elections.

    If anything, they may take another look at it in 2027. The priority right now for SCOTUS should be overturning tariffs and overturning VRA Section II so the south can redraw the maps because California is sure going HAM!.

  17. #267
    dangerous floater Winehole23's Avatar
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    lol no

  18. #268
    dangerous floater Winehole23's Avatar
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    Trump, afraid of having to disgorge his illegal tariffs, wants to blame the result on SCOTUS rather than his own lawlessness and grasping for power



  19. #269
    dangerous floater Winehole23's Avatar
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    (I wonder if Trump has been spending the money, and can't repay it for that reason)

  20. #270
    dangerous floater Winehole23's Avatar
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    as usual, Trump has a very weak grasp on actual figures

    The actual amount of #IEEFA tariffs likely to be refunded, in the event of a full reversal: $115b to $145b, says a Goldman estimate.

  21. #271
    dangerous floater Winehole23's Avatar
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    SCOTUS fighting hard to help Trump starve Americans

    https://www.supremecourt.gov/opinion...5a319_i4dj.pdf

  22. #272
    dangerous floater Winehole23's Avatar
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    helping Trump break the law too, this shouldn't go unnoticed

  23. #273
    dangerous floater Winehole23's Avatar
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    what good is SCOTUS as an ins ution of democracy and justice, if it allows the executive to trample the cons ution and the people?

  24. #274
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    what good is SCOTUS as an ins ution of democracy and justice, if it allows the executive to trample the cons ution and the people?

    Show me, Whine Ho....show me where SCOTUS is running rampant all over the cons ution and the people....especially since the will of the people was delivered in November with Trump winning all swing states and the popular vote......and dont post some far left article about it....lets hear it from you how they doing this.

  25. #275
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    Heres whats funny....democrats have tried to run on the premise that Americans have the right to healthcare insurance.....but nope, they dont. Nowhere in the cons ution does it say you get healthcare insurance. You get freedom of speech....the right to bear arms....but nowhere does it say you have the right to healthcare insurance.....but when republicans and the SCOTUS smash Obamacare and the subsidies....democrats cry foul and say its a right......lmao.

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