And They Needed Overtime

Sans Thursday night’s debate these would have been the biggest stories of last week. If promises become reality today will bring the announcement of an even more impactful decision. Today I will focus on only two rulings.


In Fischer v United States the Court ruled that prosecutors overreached when they charged January 6th domestic terrorists with the obstruction of a government proceeding. The good news is that this only effects about 350 of the nearly 1400 criminal cases brought to date. In what I’m sure is no surprise to my regular readers, the decision was 6-3 and I don’t have to tell you how each justice voted.

How is the violent trespassing which resulted in members of Congress literally (at least in Missouri Republican Senator Josh “Running Man” Hawley’s case) running in fear of their lives not constitute disruption? Rule on complex legal cases? I’m not sure six of the nine justices could pass a sixth grade reading comprehension test.

The other case (or should I more accurately say cases?) I want to focus on today is the combination of Loper Bright Enterprises v Raimondo and Relentless v Department of Commerce. In another 6-3 decision (no need for a “box score”) the Court overturned the 1984 decision in Chevron v. Natural Resources Council, commonly called Chevron and a bedrock civil law principle for 40 years. At least 70 Supreme Court decisions and over 17,000 lower court rulings cited it.

This ruling is consistent with the contemporary Republican pillar of the promotion of ignorance. Make no mistake the current Court majority is an arm of the Republican party! The ruling is also consistent with the feelings of the less well educated and low information segment of the GOP base who hate the intelligent, well informed, well-educated or any combination of those three traits.

Under Chevron courts were mandated to defer to the interpretations of experts from government agencies. In other words, people who actually know of what they spoke. Under the new rules the judges are left on their own to make decisions involving subjects they are largely ignorant of. This very fact was revealed in Justice Gorsuch’s concurring opinion in which he makes mistakes displaying his ignorance of the matters at hand. My further fear is that supposed expert witnesses who in reality are little more than paid mouthpieces will have their testimony considered on an equal basis with someone who is skilled and knowledgeable on the issue in question.

There is an old saying that beauty is in the eye of the beholder. The Court’s majority appears to be paraphrasing that to: legality is based on whose side you are on.

As if we needed further clarification, the Court’s majority told us that its goal is the destruction of the American government as we know it.

On Friday the Court announced that it was going into an overtime period and intended to announce its decision in the Trump immunity case today. Rest assured I will be writing about that regardless of the ruling.

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