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am_Unition  ·  207 days ago  ·  link  ·    ·  parent  ·  post: The New "Over the Top" Secret Plan on How Fascists Could Win in 2024

Feels like an appropriate time to return to this.

A lot of calculus in the past assumed that the judiciary wouldn't usurp its own power, but I think with Alito and Thomas (hopefully no others), we should instead assume a level of theocratic fanaticism that disregards self-interest, or at least has a gross misunderstanding of it. One upside down American flag, yeah, I'm ambiguous about, but the appeal to heaven flag on top of it pretty much narrows it down to the conclusion that, yeah, there are now two members of SCOTUS more than willing to be accessories in consolidating power into a Trump executive.

This isn't merely political bias tainting the institution of SCOTUS. This is bad-faith* undermining of the constitutional order by individuals who're certain to pay no penalty. Just like Trump.

I stick by my prediction that SCOTUS will carve out just enough presidential immunity to give Trump a solid defense, on top of providing this long delay that almost certainly keeps Trump out of federal court until 2025, especially with Aileen Cannon single-handedly quashing the classified documents case. SCOTUS might extend "official presidential acts" to include "presenting alternate election result possibilities for presidents who Really Truly believe that the election was fraudulent". Who really cares what the exact argument is? SCOTUS is obviously not a legitimate institution any longer, and lower-level judges like Cannon are doing their best to de-legitimize the lower courts, too.

*Alito and Thomas absolutely know that there was nowhere near enough election fraud to even remotely affect the election outcome. And of course, btw, most of the election fraud was from Trump supporters, and I'm not even counting the alternate (read: illegal) elector slates scheme.