https://amgreatness.com/2024/06/30/scotus-rulings-biden-trump-debate-shake-up-political-landscape/
What a week it’s been! We started off with Justice Amy Souter Barrett writing the SCOTUS ruling in Murthy v. Missouri. At issue was whether it was okay for the federal government (the FBI and related elements of the American Stasi) to pressure social media and data-hoovering companies (Facebook, Twitter, Google, etc.) to suppress opinions they didn’t like about things like COVID, the 2020 election, and the Jan 6 jamboree at the Capitol.
Just to be clear about this: it is not okay for the government to do this, but that’s not what Justice Souter Barrett said. She did not quite come out and say it was okay. She left that bizarro opinion to her colleague Justice Ketanji Brown Jackson, who, during the oral argument phase of the case, said to plaintiff’s counsel: “My biggest concern is that your view has the First Amendment hamstringing the federal government in significant ways.”
Memo to Justice Jackson: “hamstringing the federal government,” i.e., limiting its prerogatives and ability to intrude upon the lives of its citizens, is the very point of the First Amendment. That’s why we have a First Amendment. Indeed, it is a large part of why we have a constitution: to protect citizens from the coercive power of the state.
Justice Barrett was not quite so forthright. She argued that the plaintiffs “lacked standing.” If Louisiana and Missouri lacked standing to defend their citizens in this case, who or what would have standing? That was part of the burden of Justice Alito’s robust dissent, in which he was joined by the other adults on the Court, Clarence Thomas and Neil Gorsuch. As the legal commentator Jonathan Turley put it, “The government is engaging in censorship by surrogate… They have made a mockery of the limits of the First Amendment.”
Justice Barrett was not done making those of us who supported her nomination to the Supreme Court regret our support. In Fischer v. United States, one of the most important cases before the Court this session, the issue was whether it was okay to use an Enron-era law that was designed to prohibit destroying evidence to go after January 6 defendants (and that ex officio perpetual defendant, Donald Trump). This was the famous, or infamous, “obstructing an official proceeding” charge that we heard so much about while the FBI was arresting grandmothers and other tourists who were in the Capitol that day, and which official but illegally appointed bag man Jack Smith has so handsomely availed himself of in his vendetta against Trump. The case was decided Friday, 6-3, but Barrett weighed in with a dissent.
It used to be that the FBI and other members of the law enforcement fraternity would discover a crime and then pursue the perpetrators. Now, as the dragnet sparked by the January 6 protest shows, “law enforcement” means identifying people the regime doesn’t like and then combing through the statute book to see what laws might apply, or be twisted to apply, to them. It’s a refreshed, Americanized version of the venerable principle articulated by Stalin’s head of the secret police, Lavrentiy Beria: “Show me the man,” said Beria, “and I will show you the crime.”
Another major case, also decided Friday, overturned the 1984 case Chevron v. Natural Resources Defense Council, which in effect handed legislative power to the alphabet soup of federal agencies. By striking down Chevron, the Court dealt an important blow to “the administrative state,” that parallel government populated by unelected, largely unaccountable bureaucrats who have increasingly been the ones who ran our lives: promulgated the rules by which we were required to live and imposed the fines and other sanctions should we fail to do so. Article One of the Constitution begins by vesting “All legislative Powers . . . in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Chevron bypassed that stipulation by stealth, rendering Congress more and more ceremonial as distinct from a legislative body.