On this week’s Elie v. U.S., The Nation’s justice correspondent warns of an upcoming SCOTUS case—and hails the knowledge of Uncle Iroh.
A federal brokers takes intention at Chicago residents within the East Facet neighborhood on October 14, 2025.
(Joshua Lott / The Washington Put up by way of Getty Photos)
The query of whether or not Donald Trump has the authority to deploy federal troops in American cities—in violation of the Posse Comitatus Act—is heading to the Supreme Court docket. This week, Trump requested his complicit Supreme Court docket justices to overturn a restraining order barring him from waging battle on Chicago. The attraction was positioned on the courtroom’s shadow docket, that means the courtroom can evaluate the case and situation a ruling at any time, with no listening to and with out the Republicans’ having to elucidate themselves. The courtroom can provide Trump the authority to “quickly” assault American cities, pending a full listening to at a later date, by which level the devastation from his actions will already be full.
Georgetown Regulation professor Steven Vladek calls the case a “make or break second” for the Supreme Court docket. He writes: “For the Supreme Court docket to situation a ruling that permits the President to ship troops into our cities primarily based upon contrived (and even government-provoked) information…can be a horrible precedent for the Court docket to set—not only for what it might enable President Trump to do now, however for the much more grossly tyrannical conduct it might enable him and future presidents (assuming we have now any) to undertake later. If factually and legally unpersuasive home deployments of troops aren’t going to be a pink line for the Supreme Court docket, what the heck might be?”
My guess is that there is no such thing as a “pink line” for the Christofascist extremists working the Supreme Court docket. They may give Trump what he needs, as they all the time do, and proceed to let him trash the Structure to fulfill his whims.
In a separate case, a three-judge panel, randomly stacked with two Trump judges from the Ninth Circuit Court docket of Appeals, gave a preview of what the Supreme Court docket’s eventual argument will appear to be. That panel eliminated a restraining order imposed by a district courtroom decide (who was additionally a Trump appointee, for what it’s price) stopping Trump from sending troops into Portland. The panel took Trump’s lies in regards to the state of affairs on the bottom in Portland at face worth. The Ninth Circuit stated that the district courtroom didn’t give applicable “deference” to Trump’s “evaluation of the information.” They additional stated that the district courtroom positioned an excessive amount of emphasis on the phrases Trump used to justify his invasion of Portland.
I count on that the panel’s ruling will quickly be overturned by the total Ninth Circuit, but it surely doesn’t matter. Their reasoning might be aped by the Supreme Court docket. That is the basic Republican judicial dance to justify something that Trump does. First, the judges say that the president may be proper, even within the face of demonstrable proof that he’s mistaken. Then, they are saying that we can’t use Trump’s personal (unlawful, unconstitutional, abhorrent) phrases in opposition to him, and need to fake that he didn’t actually confess to his personal unlawful motivations for doing a factor. Lastly, they’ll say that their order authorizing Trump to do no matter violent factor he needs to do is “momentary” and promise a full listening to “on the deserves” in some unspecified time in the future sooner or later, by which era whoever it’s Trump needed to kill or deport will already be lifeless or gone.
Republican justices primarily inform us to disregard Trump when he’s telling the reality about himself, however take heed to Trump when he’s mendacity about the remainder of us. They may once more. Chief Justice John Roberts and his Republican cabal first used this transfer approach again in 2018 in Trump v. Hawaii, when Roberts licensed Trump’s Muslim ban, and since no person ever punished Roberts for his authorized vandalism, he’s been utilizing the identical playbook ever since.
Trump is a dictator. The Supreme Court docket is there to assist him.
The Unhealthy and the Ugly
- The federal authorities continues to be shut down. The judiciary is now operating on emergency backup funding. The judges are nonetheless there, and so they’re nonetheless being paid, however most different people who find themselves working for the courts are both being furloughed or requested to proceed working without cost. Circumstances might be delayed. Iowa Senator Chuck Grassley expressed shock at how the shutdown is affecting the judiciary, saying he “hadn’t thought of” how it might influence folks ready for rulings from courtroom. Chuck Grassley IS THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE. Good to know that he has no freaking clue what he’s doing.
- The fallout from the Supreme Court docket’s pending resolution to gut the Voting Rights Act has already began, and the courtroom hasn’t even issued its ruling but: On Wednesday, North Carolina adopted a new, racist gerrymander geared toward taking away two majority-minority districts within the state.
- The Trump administration is murdering civilians on boats within the Caribbean. Studies point out that 34 folks have been killed previously 50 days. Simply thought you’d prefer to know.
- Home Democrats have launched a probe into Trump’s try to extort $230 million from the Department of Justice.
- Bigoted functionary Kim Davis, who claims a non secular proper to refuse to click on her little display on marriage purposes filed by homosexual {couples}, is making an attempt to get her case heard by the Supreme Court. The courtroom will contemplate whether or not to listen to her attraction when it subsequent meets, on November 7. I’m undecided if this is the case that the courtroom will use to overturn marriage equality—Davis’s arguments are extra silly than most—but when it’s not this one, it’ll be another one. Today is coming.
Impressed Takes
- At any time when I learn The Nation’s Michael Klare, I get scared. His new publish on Trump’s embrace of AI is, effectively, terrifying.
- Democrats who would love widespread assist from younger Democrats must get the memo on Gaza. Y.L. Al-Sheikh explains in The Nation.
- Adam Serwer explains how we’re all paying the “anti-woke” tax now.
Worst Argument of the Week
It seems Maine Senate candidate Graham Platner has a Nazi tattoo. And has stated horribly bigoted things on Reddit. He’s, uhh, since covered up his Nazi tattoo. And he’s completely very sorry about his previous unhinged bigotry. He’s a greater man now (he claims), which is good, I suppose. Yay? Let he who has not emblazoned a Nazi insignia on their chest or written homophobic rants on social media forged the primary stone.
Fortunately, as I’ve not performed both of these issues, I’m within the morally superior place, and I’ve lots of fucking rocks. The brand new revelations about Platner’s physique artwork and previous beliefs induced lots of people, including me, to rapidly retract assist for his candidacy. However different liberals are nonetheless supporting this man—I’ve solely seen different white liberals persevering with to defend him, however I don’t spend lots of time in Black, blue MAGA areas so my very own bubble could also be biased on that entrance.
Absolutely the worst model of this protection was penned by Jon Lovett, host of Pod Save America. He took to Twitter to say: “Solely excellent candidates off the harvard legislation conveyor belt pls, extremely disciplined, all packing containers checked, effectively appreciated and humble, completely no non secular connection to having a bodily physique aside from extreme IBS, volunteered at a soup kitchen in highschool, indicators e-mail ‘cheers,’ and many others.”
Almost each phrase of this Tweet is an distinctive piece of trash, even if you alter for its dog-whistle makes an attempt at sarcasm. His total level is that Democrats mustn’t abandon candidates like Platner simply because they’re imperfect not directly. His suggestion is that “excellent” candidates are inauthentic, versus a man like Platner who’s a actual man, warts and all.
That’s the takeaway. However what’s really wild about it’s the implication that getting Nazi tattoos and spewing anti-gay rubbish is simply being “genuine,” whereas volunteering at soup kitchens and being disciplined in the way you discuss different folks is one way or the other woke BS from folks with irritable sphincters. Lovett is appearing like being beneficiant, educated, and NOT GETTING NAZI SYMBOLS ETCHED ONTO YOUR BODY is one way or the other incongruous with being a red-blooded American man and exhibiting the voters your true self.
I reject Lovett’s bullshit at each conceivable degree. I contemplate myself an “genuine” American cis-hetero male. The truth that I take my kids to volunteer at a soup kitchen doesn’t make me much less of a person, nor does it make me pretend. The truth that I can spell “cis-hetero” and use it appropriately doesn’t make me weak. The truth that I went to Harvard Regulation Faculty suggests I could also be certified to discuss how the legal guidelines of this nation could possibly be made to work higher for all of the folks dwelling right here. However possibly I must put this in “genuine” male language that Lovett can perceive: Kiss my Black ass, punk.
Common
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In any occasion, my tackle Platner is that he’s most likely not a Nazi. And he most likely has discovered and grown over the course of years. However, as a voter, I most likely can’t take the possibility that I’m mistaken about his finest intentions.
Platner is an unproven, neophyte candidate with no public file (aside from on Reddit) working for an workplace with a six-year time period. He’s saying lots of the proper issues now, however he’s asking folks to belief that what he’s saying now could be the reality and that he’ll persist with it as soon as he’s ensconced in energy for greater than half a decade. Actually, anyone can discuss a great recreation throughout a marketing campaign. (See: Sinema, Kyrsten. See additionally: Fetterman, John.) Does anyone really know what Platner, a literal [checks notes] former mercenary will do as soon as Pfizer begins coming at him with cash? I don’t.
I used to be keen to present Platner the good thing about the doubt earlier than, however new data has come to mild. I can now not belief him. Updating one’s opinions primarily based on new data is an indication of intelligence.
Then once more, I discovered that at Harvard. So, you already know, my capability to course of and combine new data won’t ever be genuine sufficient for Jon Lovett.
What I Wrote
The Supreme Court docket is taking on a serious gun case. It entails disarming individuals who smoke weed, so lots of people on the left need the courtroom to reverse the legislation in query and increase gun “rights” to weed people who smoke. That may be a mistake. I explain why here.
In Information Unrelated to the Present Chaos
I’m a little bit late to the get together, however I’ve lately been watching Avatar: The Final Airbender. The cartoon. Which final aired in 2005. So, OK, I’m loads late to the get together.
Avatar has primarily been my eldest baby’s whole persona for a few years, so I’m typically aware of the story and its characters. I even dressed up as one of many protagonists for Halloween final 12 months (Uncle Iroh). However I by no means actually sat down and watched it.
People, this present is wonderful. It’s surprisingly darkish for a “child’s present,” despite the fact that it’s full of sunshine, humorous moments. It’s deep. There’s a horrible father concerned—voiced by Luke Skywalker himself, Mark Hamill. (I form of have a factor for exhibits with completely godawful fathers as a result of they make me really feel good by comparability.) However there are additionally nice fathers concerned—like Uncle Iroh. It’s a present about defeating an evil empire. It’s a present about children defeating an evil empire. It feels extremely on-point, given [gestures broadly] the world my children discover themselves in.
Not since I went by Steven Universe have I been this pleased with a bit of media geared toward my kids. When you’ve acquired some tweens in your own home, and also you haven’t seen it but, give it a strive. You gained’t be dissatisfied.
Now, if solely I might get the youthful one off of Bluey.
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