Republicans Have Turned the Supreme Court Into an Illegitimate Institution

Republicans Have Turned the Supreme Court Into an Illegitimate Institution

We can have a democracy where everyone is treated equally under the law, or we can have a conservative Supreme Court, but we cannot have both. That has been clear as day for well over a century, as Marbury v. Madison is one of the great stealth coups in the history of mankind, but today’s set of rulings from the illegitimate GOP Supreme Court makes it completely unavoidable. Rank hypocrisy in service of Trump’s diktats is the stated policy of the Roberts Court.

The Supreme Court’s conservative supermajority just took away lower courts’ single most powerful tool for reining in the Trump administration’s lawless excesses, stripping them of authority to issue universal injunctions that block illegal policies nationwide. www.supremecourt.gov/opinions/24p…

— Mark Joseph Stern (@mjsdc.bsky.social) June 27, 2025 at 8:04 AM

I want to reiterate that countless conservative judges issued universal injunctions against the Biden administration, and the Supreme Court never halted the practice. Now, barely five months into Trump’s second term, the court puts an end to these injunctions. A brazen double standard.

Justice Sotomayor wrote in her dissent that “No right is safe in the new legal regime the Court creates,” which should go on John Roberts’ headstone to communicate to future generations what kind of a person he was. The Republican Supreme Court openly believes that Republicans and Democrats should be subject to different laws, and hacks like Justice Alito don’t even try to hide that they have abandoned the patina of judicial legitimacy in favor of acting like the super-legislators the Court functionally has been since Marbury v. Madison.

Alito’s choice to retain scare quotes around “LGBTQ+-inclusive” throughout his opinion in Mahmoud v Taylor, even AFTER he defines the term, pretty clearly gives the game away: He thinks the books are sinister pro-gay agitprop designed to indoctrinate children www.supremecourt.gov/opinions/24p…

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— Jay Willis (@jaywillis.net) June 27, 2025 at 9:05 AM

There has been one good Supreme Court in history, and it is the one that far too many liberals hold up as an example of the Court’s supposed usefulness as the final arbiter of law in America. We need to abandon the notion that the Warren Court was anything other than a historical outlier. We have had two courts attempt to overturn the progress of Reconstruction, the Waite Court of 1883 and now the modern Roberts Court whose official policy is that Donald Trump should be King.

There is a zero percent chance that liberalism can rebuild the world we want out of this era’s rubble with the same Supreme Court in place. John Roberts has spent his fundamentally hypocritical career bleating to the press about how much he values the Court’s reputation and seeks to protect it, all while making shambolically corrupt rulings proving it to be a legally and morally illegitimate institution. He was advertised to us by the Very Serious people during the Bush Administration as a Very Serious man we should be excited about who won’t let the Court go off the rails, then Roberts let some of the most corrupt people to ever exist in Sam Alito and Clarence Thomas serve as his North Stars. Roberts’ entire legal doctrine is “whatever daddy Trump wants,” proving him to be more unserious than Trump in many ways, as there is at least a cynical honesty to Trump’s politics that Roberts is too much of a duplicitous coward to admit to.

But perhaps now he is admitting to his and the conservatives’ staggeringly cynical worldview that the Constitution enshrined Trump’s id above the Bill of Rights. From the moment Roberts gave Trump immunity, it has become clearer and clearer with each ruling that the Roberts Court does not seek to rein Trump in, but to torch the Constitution and replace it with Trump as King. The Roberts Court’s entire theory of jurisprudence is antithetical to the intellectual Constitutional framework that at least attempts to provide a legal foundation for its depraved views on the worth of Black people. The Roberts Court is just naked authoritarianism that even doesn’t pretend to be anything else. These six hacks are out here contradicting themselves from a year ago, plainly showing the entire world what kind of people they are and what they truly value and how little the law actually means to them.

Trump has completely usurped Congress’s power (which the Republicans were happy to abdicate, because the lone commonality among the GOP is abandoning all your principles and personal ambitions to get in line to lick dear leader’s boot), and the Roberts Court is now helping him do it to the judiciary. It’s clear as day that if Trump asks Roberts to start repealing Amendments, Roberts simply would ask how many his master would like.

There are no rules to this moment, only Trump’s id and the GOP’s rank criminality. Packing the Court is the moderate position now, and in a perfect future world, SCOTUS fanboys will have to explain how their Marbury v. Madison empowered Court hasn’t proven itself to be a reactionary tool of capital designed to violate our inalienable rights. Trump is basically the Supreme Court’s Chief Justice now, which will be John Roberts’ ultimate legacy, along with being the man who rocked America’s confidence in the Court like no one ever has before, and paved the way for us to rid ourselves of the illegitimate institution he’s staked his reputation on protecting.

 
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