#justice-alito — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #justice-alito, aggregated by home.social.
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Civil Discourse – Monday in Court and Beyond – Joyce Vance
Civil Discourse with Joyce Vance
Monday in Court and Beyond
Photo by Pixabay on Pexels.comBy Joyce Vance, Dec 08, 2025
Your paid subscription makes Civil Discourse possible—independent, informed analysis in a moment when noise can drown out reason. Join a community that refuses to give up on democracy—or on understanding it. –Joyce Vance
Donald Trump fired Federal Trade Commission (FTC) Commissioner Rebecca Slaughter earlier this year. She sued.
In a landmark 1935 decision, Humphrey’s Executor, the Supreme Court held that Congress could put limits on the president’s authority to remove certain executive branch officials. That longstanding precedent has been on a collision course with Donald Trump’s quest for maximal power for as long as he’s been in office. Today, a Court that has been very sympathetic to Trump heard argument in Slaughter’s case.
The type of executive branch positions at stake are appointments to high-ranking positions in quasi-independent federal agencies like the FTC and others, including the Federal Reserve. The top line question is whether presidents can fire them in the absence of misconduct. We discussed the backstory to Humphrey’s Executor here, back in March. President Franklin Delano Roosevelt fired an FTC Commissioner, writing to him that “your mind and my mind [don’t] go along together on either the policies or the administering of the Federal Trade Commission.” The Court held that Congress intended to restrict a president’s power of removal to cases involving inefficiency, neglect of duty, or malfeasance in office, and that Roosevelt couldn’t dismiss Humphrey simply because they were of different minds on policy.
That precedent is about as on-point as they come. It suggests that Slaughter, who had done nothing wrong, should win her case. She was advised of her termination in an email that said her “continued service on the FTC is inconsistent with [the Trump] Administration’s priorities.”
But our tea leaf reading at the start of the term, which concluded that the Court would weigh in for Trump, appears to have been on target. We based that analysis on the fact that the Court declined to stay Slaughter’s dismissal from the FTC until it could hear the case. If there had been a majority, or something close to it, inclined to follow Humphrey’s Executor and rein Trump in, the Court would have prevented the firing from taking effect until it could hear the case. The fact that they allowed her dismissal to take effect implied the Court was prepared to undo the precedent that would have prohibited it. Oral argument bore out that conclusion.
Justice Kagan went straight to the heart of the matter when Solicitor General John Sauer argued the government’s case. She pointed out that “the central proposition of your brief” was that the Vesting Clause of the Constitution gives all of the executive power to the president. “Once you’re down this road, it’s a little difficult to see how you stop,” Justice Kagan said. Sauer talked over her and around her, but never disagreed. The government’s position, even though it didn’t go this far today, is that everything that happens in the executive branch is at the president’s pleasure. Everything. That could include matters like who DOJ indicts, what businesses the EPA regulates, and all sorts of individualized decisions that are currently made by people with expertise, guided by long-standing practices and ethical constraints.
“To that point, when Justice Kagan asked whether a decision against Slaughter would apply to other similarly situated agencies, Sauer ducked. He told her the Court could just “reserve” making a decision on other agencies because those cases were not in front of the Court today. Justice Kagan responded that “logic has consequences,” and that even if the Court dropped a footnote saying it wasn’t deciding other cases as Sauer suggested, it would just be a dodge; it wouldn’t mean anything for future cases, where the government would be free to argue for an unprecedented level of control in the hands of the president, using Slaughter as support, if the Court decides it in the manner the government requested.” Joyce Vance’s Quote…
Justice Sotomayor said to Sauer, “You’re asking us to destroy the structure of government and to take away from Congress its ability to protect its idea that the government is better structured with some agencies that are independent.” Justice Alito invited Sauer to respond. “The sky will not fall,” he said, adding, “The entire government will move toward accountability to the people.” Justice Sotomayor ultimately responded, “What you’re saying is the president can do more than the law permits.” There was silence for a moment. Then Sauer hurriedly repeated a few of his earlier points and concluded that Humphrey should be reversed.
We don’t know precisely how the Court will rule, but the Chief Justice tipped his hand a bit, saying “the precedent” had “nothing to do with what the FTC looks like today,” and claiming that the FTC back then was different, and “had very little, if any executive power,” suggesting different rules might apply today for an agency that had become more powerful. It’s the sophistic kind of reasoning we have seen before when the Roberts Court twists itself into pretzel logic so that it can reverse longstanding precedent—while pretending it is doing nothing of the sort.
A decision in this case is likely to come at the end of the term, late next June or the first week in July, although it could come at any time. It is likely to be one of the most consequential of this term.
A lot more happened today that is worthy of our attention. But because there is so much of it, instead of trying to cover it all, I’ll flag some of the most important developments here, and you can read further on any of them that interest you. We will take them up in more detail as they develop.
- ProPublica, widely regarded as a highly credible source of independent investigative journalism (they broke the story on Clarence Thomas and Samuel Alito accepting vacation travels and other favors from conservative power players) reported today that some of Trump’s mortgages match his description of mortgage fraud, according to records they reviewed. While living in New York, he claimed two 1993 real estate purchases made within two months of each other in Florida would both become his principal residence. The report says: “The Trump administration has argued that Fed board member Lisa Cook may have committed mortgage fraud by declaring more than one primary residence on her loans. We found Trump once did the very thing he called ‘deceitful and potentially criminal.’” Trump has accused multiple political adversaries of mortgage fraud for claiming more than one primary residence, and that appears to be the rationale behind federal criminal investigations into New York Attorney General Letitia James, California Senator Adam Schiff, and California Representative Eric Swalwell, and others, although there are at best flimsy facts to support the allegations.
- Twelve former FBI agents sued Attorney General Pam Bondi and FBI Director Kash Patel, along with others, alleging “unlawful retaliation” because they were fired for kneeling in response to protests in Washington, D.C., after George Floyd’s murder. The lawsuit is based on First Amendment violations and also points out the wisdom of the plaintiffs’ decision to kneel with the crowd: “As a result of their tactical decision to kneel, the mass of people moved on without escalating to violence.”
Editor’s Note: Read the rest of the story, at the below link.
Continue/Read Original Article Here: Monday in Court and Beyond
Tags: 1935, Chief Justice Roberts, Civil Discourse, December 8 2025, DOJ, FBI Agents, Federal Trade Commission, Fired for Kneeling, FTC Commissioner, Humphrey's Executor, John Sauer, Joyce Vance, Justice Alito, Justice Kagan, Justice Sotomayor, Mortgage Fraud by Trump, ProPublica, Rebecca Slaughter, SCOTUS, U.S. Supreme Court#1935 #ChiefJusticeRoberts #CivilDiscourse #December82025 #DOJ #FBIAgents #FederalTradeCommission #FiredForKneeling #FTCCommissioner #HumphreySExecutor #JohnSauer #JoyceVance #JusticeAlito #JusticeKagan #JusticeSotomayor #MortgageFraudByTrump #ProPublica #RebeccaSlaughter #SCOTUS #USSupremeCourt
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Against the backdrop of polling finding that almost 60% of America would impeach Trump if he doesn’t comply with the #SCOTUS ’s orders, #JusticeAlito issues his dissent to the Court’s 7-2 decision to block Trump from continuing to deport the undocumented without due process youtu.be/vR3QojdegtI?...
Trump BACKSTABBED by His MOST ... -
#JusticeAlito twisted procedure into fantasy to shield Dictator Donald’s mass deportations, inventing legal fiction and misrepresenting DOJ statements. His dissent wasn’t jurisprudence; it was authoritarian fan fiction dressed in a robe, aiding tyranny through deceit. www.rawstory.com/jus...
'Truly galling': Law expert ac... -
Not sure of the definition of an "official act" but would jailing members of the supreme court who have taken bribes count?
If so, lock them up and see if they cool with that.
#uspolitics #supremecourt #clarencethomas #justicealito #biden
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"I think the Supreme Court is on the ballot this November. And it has to be, because this court is not done unwriting our rights. Basically reversing our rights, limiting our freedoms and putting its thumb on the scale of Justice, in favor of Donald Trump and this right wing agenda."
- Lisa GravesMore of #LisaGraves & the need for the #Recusal of #JusticeAlito
Deadline White House 6-12-2024 w Nicole Wallace
https://youtu.be/1RUq1W5LYSQ?si=6fKpazCVfuum51nl
#Scotus #SupremeCourt #Justice #Alito #Thomas #MarthAnnAlito -
"How dare Lauren Windsor be a Journalist instead of behave like the Oligarch approved stenographers who call themselves Journalists"
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#JusticeAlito is free to have whatever weird #puritanical #religiousBeliefs he wants, and an ethical #jurist would understand that those personal beliefs are separate from his obligation to rule dispassionately, and in good faith within the bounds of the law. But #SamAlito is very clearly not an #ethical jurist, and he unquestionably seeks to use his position to advance his personal religious beliefs at the expense of the #AmericanPeople.
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British people will get this, ....doesn't Justice Alito's horrendous wife remind you of Anne Widdecombe, who also hates Queers.
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[Paywall] #JusticeAlito Caught on Tape Discussing How Battle for America ‘Can’t Be Compromised’
In a new, secret recording, the Supreme Court justice says he “agrees” that the U.S. should return to a place of godliness
By Tessa Stuart, Tim Dickinson
June 10, 2024Archived version:
https://archive.ph/Cf3Y7#SCOTUSIsCompromised #ImpeachJusticeAlito #ImpeachJusticeThomas
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Justice Alito CAUGHT On Tape: 'Compromise' IMPOSSIBLE, Only One Side Can Win
https://www.youtube.com/watch?v=uK7kafqqGxQ&t=8
#news #politics #uspolitics #justicealito #impeachalito #breakingpoints
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https://www.youtube.com/watch?v=Z7tHca-G7hc
Normie news
Former neighbour said #JusticeAlito is LYING
Former neighbour disputes #Alito's explanation of upside-down U.S. flag flying at his home
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#JusticeAlito's #recusal refusal, despite a sharply obvious appearance of bias — twice — then finally now, after a fudged time-line cover-up, becomes itself then by a preponderance of #evidence proof of his judicial impropriety.
#CorruptedCourt: MAGA-land is thrilled.
How long will we still have a democracy without #SCOTUSreform?
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'Following the revelation that #JusticeAlito is a closet insurrectionist, the Senate Democratic leadership have demanded an immediate meeting with Chief Justice Roberts, and have called for Justice Alito to recuse himself from further deliberations on the two remaining #Jan6th #Trump cases this term, as a precursor to his censure and being sanctioned by Congress. Michael Popok explains the possible impeachment path that could remove #Alito.'
https://www.youtube.com/watch?v=6h6W5Mr2DHE -
CW: USPol: Justice Alito is a MAGA, Christian nationalist insurrection supporter
Justice Alito must recuse himself from all cases involving January 6th, as he is an open supporter of it. Furthermore, since he supports the violent overthrow of the government by Christian nationalists, he must be impeached and removed from the Supreme Court.
#Alito #ImpeachAlito #JusticeAlito #AlitoFlags #SupremeCourt #SCOTUS #USPol
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Supreme Court Justice Alito’s Beach House Displayed ‘Appeal to Heaven’ Flag
“We have reached another phase in the process of shifting the Supreme Court”. Through the justices, “God’s intent for institutions of government can now be fulfilled.”
https://www.nytimes.com/2024/05/22/us/justice-alito-flag-appeal-to-heaven.html #SCOTUS #Alito #christofacism #justiceAlito #appealToHeaven #flag
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#CriminalJustice #JusticeAlito #TakeAction 📢 Take Action Now: Tell Senator Durbin to Investigate Justice Alito's conduct
https://actionnetwork.org/letters/take-action-now-tell-senator-durbin-to-investigate-justice-alitos-conduct?link_id=3&can_id=ddbeab5dc1f0ec1370275b4de6d8c151&source=email-join-us-for-a-not-above-the-law-rapid-response-trial-briefing&email_referrer=email_2328115&email_subject=_-take-action-now-tell-senator-durbin-to-investigate-justice-alitos-conduct -
If you think that the impartiality of Justice Samuel Alito, Justice Clarence Thomas, and Justice Aileen Cannon is compromised in the cases they are hearing regarding Donald Trump you can file a Federal complaint form here:
https://www.uscourts.gov/forms/other-forms/complaint-judicial-misconduct-or-disability
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News That Will Drive You To Drink https://mockpaperscissors.com/2024/05/17/news-that-will-drive-you-to-drink-2105/ #Accountability, #ClarenceThomas, #January6, #JusticeAlito, #Resign, #SupremeCourt
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Happy Hour News
“…but first, a little ru-ru!”
So Witchfinder Alito has explained how it is that there was a Stop The Steal symbol (the upside down US flag, which is really anti-American in the extreme) in front of his house following the Stupid Coup: SOME SKIRT DID IT!
Alito told the Times his wife, Martha-Ann Alito, hung the flag upside-down after a confrontation with a neighbor after the election, which Trump has falsely claimed to have won.
Some Trump supporters who argued that he won the 2020 election displayed the flag in that same manner during the invasion of the Capitol and at protests and rallies. Under the U.S. Flag Code, “The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.”
Yup, the Torquemada of Trenton Sam Alito tossed his wife under the bus (which rightfully ought to be the SCOTUS Graft Mobile RV driven by Clarence Thomas), and now mild-mannered Sen. Dick Durbin, chairman of the powerful Senate Judiciary Committee, is demanding Alito recuse himself from any Jan. 6 cases (including Hair Füror’s Absolute Immunity case):
Judiciary chair Dick Durbin, D-Ill., suggested that the conservative Alito was adding to ethical concerns about the court after The New York Times report on Thursday detailing a photo of the flag displayed in that manner outside the justice’s Virginia home on Jan. 17, 2021, three days before President Joe Biden, a Democrat, was due to be sworn into office.
[…] Durbin in a statement said, “Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias.”
“Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President’s immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering,” Durbin said.
Previously, Durbin has demanded Clarence Thomas recuse due to the antics of his insurrectionist wife Ginni, but no one on the SCOTUS listens to Durbin who —did I mention?— is the Chairman of the powerful Senate Judiciary Committee. I’m old enough to remember when the Chairman of the powerful Senate Judiciary Committee could rattle cages, but in the days of MAGA no one is shaken: they know that they are above the law.
Of course, no one except us filthy dirty hippies are demanding the Witchfinder resign (and Clarence Thomas, too) as Mastodon user @bespacific@newsie.social says:
Let’s start off with fact that #JusticeAlito needs to #resign immediately. It’s reported Alito was flying upside down flag outside his house after #January6. He responded by blaming his wife. This is absolutely ridiculous. Alito & #ClarenceThomas made our #SupremeCourt an abomination. They take straight up bribes from people who they are hearing cases from, go on lavish trips w them and have absolutely no #accountability whatsoever. Supreme Court needs term limits.
He won’t of course. He rules over us, but is not one of us.
https://mockpaperscissors.com/2024/05/17/news-that-will-drive-you-to-drink-2105/
#accountability #ClarenceThomas #January6 #JusticeAlito #resign #SupremeCourt
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CONFLICT OF INTEREST
Upside-Down U.S. Flag Flew at Justice Alito’s House After 2020 Election: Report'As the Supreme Court weighs two critical cases related to criminal accountability for the Jan. 6 riot, Alito is facing questions about his ability to remain impartial'
[...]
'When asked about the flag by the Times, Alito threw his wife under the bus, stating that he had “no involvement whatsoever in the flying of the flag.” -
Let’s start off with fact that #JusticeAlito needs to #resign immediately. It’s reported Alito was flying upside down flag outside his house after #January6. He responded by blaming his wife. This is absolutely ridiculous. Alito & #ClarenceThomas made our #SupremeCourt an abomination. They take straight up bribes from people who they are hearing cases from, go on lavish trips w them and have absolutely no #accountability whatsoever. Supreme Court needs term limits. https://www.dworkinsubstack.com/p/alito-and-thomas-made-supreme-court
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The US justice system is clearly a total sham. The fact that two judges who are clearly not impartial on the matter will get to make decisions regarding Trumps election reversal trial is just outrageous.
https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html #ussupremecourt #uspol #stopthesteal #justiceAlito #justicealitoisfullofshit #Trump
