Dick Cheney was trending on Twitter today, so I had to go figure out why. So often, a famous person’s name trends on that social media platform when they say something stupid or die, and either was certainly possible with the ex-Vice President, who has dealt with major heart issues for twenty-plus years.
As it turned out, Cheney was trending due to this presidential tweet:
These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!
— Donald J. Trump (@realDonaldTrump) June 18, 2020
The term “shotgun blasts” of course brings to mind Cheney’s infamous South Texas bird hunting hunting incident in which Cheney blasted attorney Harry Whittington in the face with his own shotgun. The incident inspired unending conspiracy theories, but all involved claimed it was an accident.
President Trump of course was referring to today’s latest judicial atrocity authored by Chief Justice John Roberts, who sided in a completely incoherent decision with the liberal minority in ruling that Barack Obama’s executive order on DACA is apparently now unassailable law. Ok, it didn’t go that far, but the court did rule that President Trump cannot immediately rescind Obama’s order because – get this – the administration did not provide adequate justification for doing so.
Thus does Roberts demonstrate his clearly compromised status one more time, joining the court’s liberal wing in usurping the roles of both the legislative and executive branches of government. Conveniently, Roberts’ decision does not advise the administration as to what it means by “inadequate,” meaning this political football could just go back and forth for years to come.
In his dissent, Clarence Thomas noted the grossly political nature of this decision in blunt terms:
“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Justice Thomas wrote. “The court could have made clear that the solution respondents seek must come from the legislative branch.”
“In doing so,” he wrote, “it has given the green light for future political battles to be fought in this court rather than where they rightfully belong — the political branches.”
“Without any purported delegation of authority from Congress and without undertaking a rulemaking, DHS unilaterally created a program known as Deferred Action for Childhood Arrivals (DACA),” he wrote, adding later that the program was implemented “without statutory authority and without following the [Administrative Procedures Act’s] required procedures.”
“Then-Attorney General Sessions correctly concluded that this ultra vires program should be rescinded. These cases could—and should—have ended with a determination that his legal conclusion was correct,” Thomas said. “Without grounding its position in either the APA or precedent, the majority declares that DHS was required to overlook DACA’s obvious legal deficiencies and provide additional policy reasons and justifications before restoring the rule of law.”
Thomas also said that even though the reason DHS gave for the rescinding the policy — that DACA was not done under the proper legal authority — was more than enough, it wasn’t even required to do that.
“Nothing in the APA suggests that DHS was required to spill any ink justifying the rescission of an invalid legislative rule, let alone that it was required to provide policy justifications beyond acknowledging that the program was simply unlawful from the beginning,” he said.
The justice said that DACA “fundamentally altered the immigration laws,” creating “a new category of aliens who, as a class, became exempt from statutory removal procedures and it gave those aliens temporary lawful presence.”
So, one more in a growing line of atrocious decisions in which Roberts plays turncoat. With Gorsuch also increasingly looking to be a replay of Anthony Kennedy, the GOP record of getting supreme court appointments about 50% right remains in place.
Pray for Trump’s re-election, because he’ll need at least two more tries to save the country from these despots in black robes.
That is all.
Today’s news moves at a faster pace than ever. Whatfinger.com is my go-to source for keeping up with all the latest events in real time.