Judicial Legitimacy

Supreme Court’s Legitimacy: Already Lost, Not Losing

The Supreme Court heard arguments challenging Donald Trump’s use of emergency powers to impose tariffs, and the justices expressed significant skepticism towards the administration’s arguments. Conservative justices, including Chief Justice Roberts, questioned the scope of the president’s authority in this context, particularly concerning the power of Congress over tariffs. This potential ruling could be a major check on the Trump administration’s policies, especially considering the court has previously accommodated his policies. Two possible explanations for this potential shift include a wariness of presidential interference in the economy and a desire to preserve the major questions doctrine for future use, possibly against future Democratic administrations. This may also be the Court attempting to preserve their legitimacy.

Read More

Hawaii Rightly Rejects Supreme Court’s Gun Nonsense

interpretation? Yeah, that sounds like Hawaii rightly rejecting the Supreme Court’s gun nonsense.

It’s no surprise that Hawaii’s Supreme Court has had enough of the Supreme Court’s games. The highest court in the land has a serious legitimacy problem. It’s become a partisan circus, where justices twist themselves into positions to push their own agendas.

The idea of “originalism” sounds nice in theory, but when it comes to the real world, it falls apart. How can the Supreme Court argue whether someone attempting to start an insurrection is protected by the 14th Amendment’s insurrectionist clause? It’s clear as day that oath breakers cannot hold office again, unless Congress says otherwise.… Continue reading