The en vogue 'Supreme Court always sides with the Administration' is a lazy and inaccurate take. (That's usually used to justify 'And that's why I don't need to spend time looking into the actual details and just give up')
If people actually took the time to read the opinions [0], they'd realize...
1. Many of the 'allow the administration to continue' rulings are overriding stays, rather than actual decisions. Those cases are still pending in the courts and will eventually end up back at the Supreme Court.
2. Of the actual Supreme Court decisions, the news typically gives the most dumbed-down, hot take version.
3. Even to people without a legal background, much of the decision or dissent is written in plain English, attempts to lay out the rationale, and can be read by anyone with a secondary education.
> (That's usually used to justify 'And that's why I don't need to spend time looking into the actual details and just give up')
Just FWIW, giving up wasn't my point at all. I'm just not particularly optimistic that putting anything in front of the current SCOTUS bench will result in a lot of welcome rulings. That doesn't mean we don't seek legal remedies; it just means we need to plan for them to not work out and act accordingly. I'm heartened by the amount of work people are putting in at the state level and getting appropriately creative with bending the rules — for instance, the recent effort to redefine corporate powers at the state level in order to obviate _Citizens United_.
Yeah, they're cops. Cops aren't going to arrest other cops. Their superpower is being the people who are supposed to enforce the law, if they decide to break it who is going to stop them?
What section of US law they're activated/deployed under determines whether or not they can legally be used in an internal law enforcement capacity.
And generally speaking, federalized forces (either active or NG) cannot ever be used as law enforcement.
Hence why, despite the posturing and marketing of 'sending the military in', this administration is specifically using federalized military forces only in non-law enforcement capacities (and then encouraging the freed up state/local law enforcement to focus on law enforcement).
The national guard was illegally deployed over a fake emergency, but AFAIK the troops themselves did not perform any additional constitutional violations.
> Uncle Sam has the biggest military on Earth. State troopers wouldn’t last longer than the time to deploy
This is civil war. In a civil war there is no Uncle Sam. Just human beings from different states and of different political persuasions who need to decide what they do with their firepower, and whose orders they obey.
Congress and the judiciary are misbehaving as well, otherwise either one could easily put a stop to the destructionists. In fact one might say the manic demented guy barking orders at the rest of the executive is just a deliberate attention-drawing point of a much wider conspiracy.
That's not true at all. Congress could remove Trump in a week if they weren't complicit. SCOTUS could put a stop to much of the stuff he's doing if they weren't complicit.
I don’t believe they’d leave with their own in jeopardy. However, we’re deep into uncharted territory here so hard to say definitively how it would all go down.
I'd say it's high time for state governors to start deploying their National Guards to keep order. The federal gangs are deliberately stirring up chaos to create new pretexts for the assertion of federal control. In addition to the obvious problem of the masked kidnap gangs undermining public trust and order, there have been many reports of groups of vehicles with federal plates forming moving blockades on highways, assaulting motorists, etc - seemingly whatever they can do to try and create confrontational situations. A straightforward guess is that these aren't even yesterday's officers with a nominal desire to uphold the law and go home at the end of the day, but rather loser militia types that have been quickly deputized to go into "blue states" and create problems for their perceived enemies.
Deploying Guards would also be a good way to start building some institutional momentum for defending our country - preempting following illegal orders (like what happened in CA), sussing out traitors in the chain of command, and mitigating the dynamic where much of traditional state law enforcement is sympathetic to the destructionists.
