That said, there’s no guarantee here∶ #SCOTUS under Chief Justice #JohnRoberts has shown itself willing to create new & unprecedented legal immunities for #federal misconduct without a scintilla of historical support. It could always do so here too.
These dynamics share a root cause: the partisan polarization that has reshaped #US #politics over the past 4 decades. But the connection is deeper & more complex than that. Whereas polarization weakened #Congress, it emboldened #SCOTUS to dismantle laws &, in the process, undermine Congress’s ability to make laws at all, reinforcing Congress’s sclerosis.
#law #democracy #government #Constitution #Legislative #BalanceOfPowers #CoEqualBranchesOfGovernment #SeparationOfPowers #ActivistCourt
Two dynamics are fundamentally reshaping the structure & functioning of the #US #government. The first, which is quite well known, is #Congress’s decline. The second, perhaps somewhat less appreciated but no less significant, is #SCOTUS’ ascent—its expansion of its #power into areas previously thought to be off-limits.
#law #democracy #government #Constitution #Legislative #BalanceOfPowers #CoEqualBranchesOfGovernment #SeparationOfPowers #ActivistCourt
How the #SupremeCourt Broke #Congress
In the name of protecting the #BalanceOfPowers, #SCOTUS is radically refashioning that balance.
#law #democracy #government #Constitution #Legislative #CoEqualBranchesOfGovernment #SeparationOfPowers #ActivistCourt
https://www.theatlantic.com/ideas/2026/01/supreme-court-congress-powers/685590/?gift=guxsrl_dAdXUP9zqbQPWxaxsPlZT_4ZDndgwi00NCRg
Given the small number of #transgender athletes who want to compete in school sports, the issue is given ridiculously outsized attention by the #RightWing.
#law #ignorance #bigotry #LGBTQ #PartisanCourt #ActivistCourt #SCOTUS
The #science is still evolving when it comes to whether #transgender women have an any advantage when they compete in the women’s category of sports.
The issue is complex: Individual sports rely on different physical & physiological attributes, & athletes undergo their gender #transition at different times, in different ways.
#law #ignorance #bigotry #LGBTQ #PartisanCourt #ActivistCourt #SCOTUS
#SCOTUS Hears Challenge to Bans on #Transgender Athletes
Two cases before the justices on Tuesday could affect laws in 27 #states that prohibit transgender girls from joining girls’ & women’s sports teams.
#law #ignorance #bigotry #LGBTQ #PartisanCourt #ActivistCourt
https://www.nytimes.com/live/2026/01/13/us/supreme-court-trans-athletes?smid=nytcore-ios-share
In 2026, the justices are expected to decide whether #Trump may end #BirthrightCitizenship through executive order, unilaterally impose sweeping global #tariffs & dismiss a governor from the #FederalReserve based on disputed allegations of mortgage fraud.
Link to Roberts’ year end report →
https://www.supremecourt.gov/publicinfo/year-end/2025year-endreport.pdf
& require the sex designation on #US #passports to align with the holder’s #BiologicalSex. Last week, the court temporarily blocked Trump from deploying the National Guard in Chicago.
In all, #SCOTUS has sided with #Trump this year in more than 80% of the emergency appeals filed by the #DOJ.
The court, on its regular docket, handed Trump an important win in June by limiting the power of federal #courts to temporarily block his policies.
Many of those decisions have overturned lower courts with little-to-no explanation, prompting sharp & unusual criticism from a few lower court #judges….
#SCOTUS has allowed the #Trump admin in recent months to cancel foreign #aid & #PublicHealth funding; temporarily fire the leadership of many #independent agencies; stop & interrogate people about their #immigration status based on their apparent #ethnicity, #language or presence at a particular location;
Nonilex
