Shameful! The republican justices are clearly in the bag for DJT.
Link: Alito is weak.
And I don't know that you can conclude that Alito is in the bag for Trump based on that. He was asking three pertinent questions:
1. How do you deal with the practical issues implicated by this (i.e., tariffs are already out of the bag); and
2. How would you account for the situation where the Trump administration argues that it has tariff authority under other law (3(38)? And especially since this case was expedited?
3. How do you reconcile this decision with respect to delegation versus other decisions?
Those are fair SC questions of a Constitutional lawyer. And he was in good humor with Katyal at the end.
What I believe the Court is suggesting there is that the Administration may lose but that it should immediately refile and amend its argument to offer other authority for the tariffs.
what was being said during the Q and responses.
And if you did you would note that Alito is offering DJT attorneys a path for an argument that would sit well with the court but then Katyal calls him out on that to inform Alito there is no path. That’s the humor, Alito got caught trying to redirect the issue and he knew it.
And I follow the court often.
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The abuse of the shadow docket is alarming and shameful.
My guess is that Alito and Thomas will step down so Trump can replace with hand picked younger right wing judges to secure the MAGA agenda for decades.
Link: https://www.scotusblog.com/2025/07/by-the-numbers/
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Link: https://www.scotusblog.com/2025/10/the-trump-docket/