When it comes to their deliberations, and for the most part personal opinions Justices of the U.S. Supreme Court tend to default towards reticence except in writing opinions. Even then they often couch personal thoughts in subtle ways. Sure, they sometimes speak at legal gatherings (law schools in particular) but for the most part are sparing in personal direct praise or criticism of Presidents in particular. That’s what makes just a few words in a recent opinion by Justice Alito of interest. Although it was “hint” couched in a larger discussion those good at reading SCOTUS ‘tea leaves’ think ole Sammy offered a (gasp!) bit of criticism of Trumpty’s recent antics.
Anyone who follows the news knows Trump is embroiled in a large number of high profile legal battles over his policies. He’s trying like hell to get SCOTUS to rubber stamp anything he does. The Court, especially the Roberts Court doesn’t take up most of the cases offered to it but sometimes they don’t have much choice. As this article from Raw Story tells us the appalling Garcia case was one where SCOTUS pretty much has to be involved. While Trump tells the tale with a different ending, the bottom line is that they ruled that yes, Trump and his gang had to “facilitate” the return of Garcia as he’d been unlawfully flown to and imprisoned in El Salvador. The only issue was the lower court needed to “clarify” it’s initial ruling. Although it wasn’t put that way they basically said the District judge can’t issue an order to retrieve Garcia via force – as in sending in the military.
Alito predictably dissented. He and Thomas are in the tank for Trump having drunk so much of the orange Kool Aide. Not that they weren’t hopelessly out of legal bounds before Trump, but he’s truly special to them even though HE PAINTS HIS FACE ORANGE. I shudder at the taste of his orange Kool Aide they typically will guzzle down with gusto. I’ll bet ten day old Russian hooker pee tastes better but like you I’ve no intention of finding out!
In any case it takes a LOT, something “yuge” for Alito to challenge Trump. As I’ve indicated he went whole hog in creating the Trump Monster now ravaging our country and the free world. That he’s offered up even a tiny bit of defiance, as in effectively telling Trump to ‘stay in his own lane and OUT of the Court’s’ is startling. The Trumpy Monster the six Federalist Society groomed Justices created with the immunity decision is like that mutated Cartman from the Trapper-Keeper episode. Except in the cartoon the creation was a freak accident. Trumpy Monster was deliberate.
Sort of like the mirror image of the Milton the Monster character created by accident. (Ah, memories of Sat. morning cartoons when I was a kid) In that lab experiment gone wrong the mad scientist didn’t want his monster to wind up killing him so he tried to add “just a touch” of “tenderness” but got bumped and dumped a big amount into the mix. The six Federalist Society Fascists only intended a “touch” of “assholery” and “freedom to do what he please without consequence’ and instead dumped in a whole damned bottle!
I’m pretty sure four of them and especially Roberts have “Oh my gawd – what have we done?” thoughts every single day. However, for Trump’s most stalwart supporters on the Court if even one of them has such thoughts creeping into their brain-housing-group we should take note. Again, the language is subtle but Raw Story provides important context. Trump is too dense to get it (remember how he LOVED Mattis’ resignation letter until someone explained it was a massive send-up?) but Court watchers do. From Raw Story:
“We can learn more by observing the behavior of Trump’s most predictable enablers – Supreme Court Justice Sam Alito, for instance – while trying to gauge how close we are to a constitutional crisis,” he wrote.
“The standard Trump operating procedure for immigration issues during his first three months in office has been to break the law quickly, then complain about people pointing out the law-breaking, then shrug off the judiciary by claiming to have no power to remedy the injustice.
That’s the set-up. Then comes the devastating punch line:
“Alito knows all that. That’s why he tacked onto the end of his dissent these words: ‘Both the Executive and the Judiciary have an obligation to follow the law.’”
If you click on the last few words of that it will take you to a copy of the full Alito dissent. There’s another sentence that really drives the point home, which effectively affirms that like it or not Trump has to comply with the Court’s order:
Both the Executive and the Judiciary have an obligation
to follow the law. The Executive must proceed under the
terms of our order in Trump v. J. G. G., 604 U. S. ___ (2025)
(per curiam), and this Court should follow established pro
cedures.
That part about ‘the Executive (as in Trump) must proceed under the terms of our order’ really drives the point home. Alito fears his Trumpy Monster has grown so out of control that it will defy the Court. If he wakes up in cold sweats after nightmares of Trump actually doing what was suggested during oral arguments, say send in a Seal Team to kill him dead in his bed AND be free of consequence because the Trumpy Monster signed an official order then I’m cool with that. What matters however is that he’s publicly hinted concern Trump might defy his precious SCOTUS. I’m sure Senator Susan Collins will be happy to walk across the street to give him lessons in brow furrowing and expressing “deep concern” when the time comes (as we all think it will) when Trump tells SCOTUS ‘NO. I’m not going to do it and you can’t make me!’
Roberts has to be terrified as he tries to keep Trump in check without provoking a ‘Screw you SCOTUS I’ll do what I want and that’s that’ Constitutional Crisis. I’d love for a reporter to be able to shove a microphone in his face and ask “Was owning the libs worth it?” just to see his reaction. However, he knows EXACLTY what Alito was saying in that last paragraph of his dissent, which was publicly signaling even he thinks Trump needs to be reined in.
****** Zoomers, we would happily accept a small donation to defray expenses as we trek through cyberspace. It’s going to get a lot crazier, that much we can guarantee you. Thanks. Ursula ******
And these subprime court goobers are supposed to be so smart?
Hell, even my cat knew this was a bad idea. You don’t hand a toddler a loaded gun and act surprised when he shoots you.
In the end, they’re just a bunch of partisan clowns who like to cosplay in cheap polyester robes.