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With Judge James Boasberg saying that probable cause exists for him to consider contempt charges against the Trump administration over their refusal to act or even respond properly to his ruling that those deported by the Trump administration without due process, and when the administration is defying an order to get Kimbal Abrego Garcia returned from an El Salvador prison, the country is at the point we’re so used to now: where we roll our eyes, sign and say, “That’s great, but…well, wait until it gets appealed to the Supreme Court and they overturn it."
There’s a problem here, though, for Trump. The Supreme Court has already ruled in one of those cases, that Mr. Abrego Garcia must be returned to the United States. And not only did their decision rule that, but the vote was 9-0. So, there isn’t a whole lot of wiggle room there for defying the court. But there might be an even bigger problem for Trump in this case – which is saying a lot because defying a 9-0 Supreme Court ruling is a pretty massive matter. And sets up a precedent for returning the other deportees. And that problem for Trump is the risk of infuriating the Supreme Court. The Supreme Court has its lowest approval rating in U.S. history. And that’s largely because the Justices appointed by Trump, as well as those appointed by earlier Republicans, appear to have thrown away following the Constitution and the law, and instead are purely ruling according to their politics. They were essentially in Trump’s pocket. What he wanted, he has come pretty close to getting. For goodness stake, Trump even got the Supreme Court to rule he had the right to order Navy Seals to kill a political opponent. Supreme Court rulings largely helped keep Trump out of prison, or at the very least least from being convicted of federal felonies. (They couldn’t do anything to keep him from getting convicted of 34 state felonies…) All of which significantly helped him get elected again to the White House. Why on earth would you do anything to alienate the Supreme Court and put that monumental support at risk????!! And yes, I can imagine possible reasons for a Trump. One is that he likely doesn’t think they will ever rule against him. Another is that Trump has shown that he really doesn’t ever consider the actions of others. Of course, the problem for Trump is that the Supreme Court already has ruled against him on returning Mr. Abrego Garcia. By a vote of 9-0. And while nobody likes to be ignored and seen as insignificant – I have to believe the Justices of the Supreme Court are high on the list of those who not only don’t see themselves as “nobody,” but as insignificant. Either SCOTUS Justices see themselves as protectors of the U.S. Constitution or as arrogant upholders of their personal views on the law, politics and everything – for which are not only right, but always right, one of just nine people in the United who can decide what the law is, and not be contradicted for life. Those are people you don’t want to alienate, most especially the six you have in your pocket. All the more so when you can only afford to lose the support of just two. I don’t think Trump will lose the support of “his” Justices on everything. I don’t even know if he’ll lose their support on anything. I just know it’s a massively dangerous and foolish thing to merely risk losing the support of two of six people who hold your future in their hands. Especially when they’ve already voted 9-0 against you once. And you’re defying them. And to be clear, when I say I don't know if Trump will lose the support of his six Justices on the Supreme Court...that works both ways. Because I don't know that he won't lose their support on many things. Or all.
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AuthorRobert J. Elisberg is a political commentator, screenwriter, novelist, tech writer and also some other things that I just tend to keep forgetting. Feedspot Badge of Honor
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