• Hadriscus@lemm.ee
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    15 hours ago

    Can someone ELI5 ? I thought Trump had the supreme court in his pocket, having appointed a majority of its members?

    • captainlezbian@lemmy.world
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      4 hours ago

      The supreme court is particularly difficult to actually control. Each has their own beliefs and they’re appointed for life. Thomas for example is fully on board with maga and will take bribes. But kavenaugh is pretty far right but generally seems to believe in the constitution in some form and wants the courts to keep power. Barrett is extremely right wing but is catholic before maga and it seems they’re learning that the hard way recently.

      This should have been 9-0. We’re seeing a lot of 7-2 against Trump right now because he’s blatantly violating the constitution. And the court to a certain degree trusts that when they say no, they have enough understanding with the military that when everything is said and done the military will want to have done what the court says as it’s the legitimate governing body acting in accordance with the rules.

    • Zak@lemmy.world
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      10 hours ago

      Trump appointed three out of nine justices. Three more were appointed by Republicans (Bush 1 and Bush 2), so a 2/3 majority of justices are considered conservative.

      Judicial conservatism, however does not always align with political conservatism. Judicial conservatism tends to mean staying close to the original meaning of the text of the law. Some of Trump’s actions require creative interpretations of the law; in the case at hand, Trump wants to use a law meant to expel citizens of an enemy country during a war to deport immigrants he accuses of being members of gangs without allowing them to challenge that action in court.

      Thomas and Alito dissented, arguing that a creative interpretation of the law should be allowed here; neither is a Trump appointee.