THE SUPREMES

Over the past couple of days the Supreme Court has issued several very important rulings. Several of them have implications for Trump and I will get to them, but first I want to talk about one that has vast negative implications for the administrative state. I’m not going to look up the names of the cases because I’m lazy and you don’t care. In the first decision the court specifically overruled the Chevron doctrine. It wasn’t a precursor as I have mentioned previously. The Roberts opinion specifically said we are over ruling Chevron. So now agencies interpretations of statutes are just not binding on courts because of separation of powers. The judicial branch is the sole branch responsible for interpreting laws ever since Marbury versus Madison. The fact that there is ultimately an opportunity for appellate courts to consider agency actions is irrelevant because they were restricted by agency findings of fact and interpretations of law. I was particularly impressed by Gorsuch concurring opinion in which he emphasized that small concerns have no possibility of influencing agency actions and decisions as opposed to large corporations. I have personally seen this in action and stepped in to stop it in one case that would take too long to explain but take my word for it.

The next decision which involved I believe the SEC, and that’s not the Southeastern Conference but the Securities Exchange Commission. The decision has major implications for all regulatory agencies including my former one. The Supremes held that agencies cannot adjudicate cases and impose penalties or fines. The sixth and seventh amendments require that such actions must be prosecuted in courts with juries of your peers and the rest of your rights under the Constitution. This will seriously undermine the power of the administrative state.

The next one which has implications for Trump in the Bragg case held that in every case all requirements necessary must be decided unanimously by the jury and judges cannot on their own impose higher penalties without the jury deciding unanimously the facts necessary for the enhanced punishment. This decision completely obliterates Merchan’s allowing the jury to convict Trump on one of three options without agreeing on which one. I would expect Trump’s legal team to file pleadings requiring the bogus decision against him to be immediately dismissed as contrary to constitutional law.

The last one is the J6 decision which held that the statute under which many J6 people were charged, including Trump, did not cover what they did. The statute requires that they did something that was designed to destroy documents or records and not just walked around the capitol. Two of the four charges Smith brought against Trump involved the bogus interpretation of this statute and must be dismissed. They might try to somehow claim that Trump asked people to destroy documents but that is just bs and they know it. Half of the DC case has to be dismissed and the rest will collapse as well.

One more thing that I will comment on is the decision coming out on Monday which will determine the extent of presidential immunity. I don’t really understand why the Magoo administration is pushing this case. In the first case it is extremely unlikely that the Supremes will find that Presidents have no immunity for actions taken during their presidency even after they leave office. But my observation is that apparently the Dems have learned nothing. Remember when Harry Reid removed the filibuster for judicial appointments to courts of appeal and then McConnell followed suit and removed the filibuster for Supreme Court nominees allowing Trump to appoint three justices. Well guess what , when Trump wins which is almost certain after last night, Magoo will have no immunity for many of his actions. Apparently they thought that their lawfare would destroy trump’s campaign but as apparent from the Bragg case that’s not going to happen. So they are just exposing Magoo to criminal prosecution.