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In It to Win It

(11,721 posts)
Thu Oct 9, 2025, 02:29 PM Oct 9

Mark Joseph Stern - It is pretty galling that the Supreme Court spent four years telling Biden "you can't..." [View all]

Mark Joseph Stern
‪@mjsdc.bsky.social‬

It is pretty galling that the Supreme Court spent four years telling Biden "you can't do that without Congress" then allowed Trump to seize a once-unthinkable amount of power from Congress within nine months and concentrate law-making authority almost entirely in the executive branch.

When the Supreme Court struck down Biden's policies, it was tempting to think: "At least these limits on executive authority will bind Trump if he comes back into office." But no—the court's skepticism of executive power vanished on Jan. 20, 2025. This dynamic is obvious to anyone paying attention!

I think the Supreme Court and its defenders try to deny this blatant bias toward Trump by highlighting distinctions between cases—oh, you don't understand, student loan forgiveness was illegal while impoundment is permissible because [reasons]. But the big picture tells an undeniably damning story.

The best "defense" of SCOTUS' hypocrisy is that there's an asymmetry between how Democrats and Republicans wield executive power. Broadly—Dems want to give things (health care, asylum, foreign aid, loan relief, civil rights) while Republicans want to take things away. SCOTUS makes the latter easier.

This is why I think the next Democratic president needs to use the EXACT tools that SCOTUS has handed Trump. Don't leave room for any distinctions.

Impound funds for deportation. Give ICE the USAID treatment. Refuse to collect government-backed debt. Purge MAGA loyalists from the executive branch.

Could the Supreme Court still apply different rules to a Democratic president? Of course. You don't need to remind me of that. But a lightning-fast blitz that repurposes Trump's new powers for good stands the best chance of standing up in court. Democrats need to start thinking about this right now.


It is pretty galling that the Supreme Court spent four years telling Biden "you can't do that without Congress" then allowed Trump to seize a once-unthinkable amount of power from Congress within nine months and concentrate law-making authority almost entirely in the executive branch.

Mark Joseph Stern (@mjsdc.bsky.social) 2025-10-09T14:47:23.210Z
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Stern is absolutely right of course (as usual). The next Dem pres can't be timid. themaguffin Oct 9 #1
But SCOTUS Scubamatt Oct 9 #11
Yeah, no doubt. Well, the next Dem will have to push back on so many levels. themaguffin Oct 9 #13
Agreed. They WANT what trump is doing, the only way to stop them Volaris Oct 9 #18
First thing we need to do when we take it back. . . . h2ebits Oct 10 #40
The Supreme Court is part of the coup. Baitball Blogger Oct 9 #2
Yep - they are there to legitimize the coup rurallib Oct 9 #3
But it's going to backfire on them. Baitball Blogger Oct 9 #7
Well, I would say only if we can get power to move to the left rurallib Oct 9 #16
This so-called SCOTUS is hell-bent on shredding the Constitution. MLWR Oct 9 #20
100% agree. Problem is as it stands now, THIS supreme couirt could rule bluestarone Oct 9 #28
They will lose credibility and make themselves obsolete. Baitball Blogger Oct 9 #29
True, but these six bluestarone Oct 9 #30
The next Dem president needs to start a pressure campaign to get some of them to resign newdeal2 Oct 9 #4
I believe both things should be done. LittleGirl Oct 9 #10
"the next Democratic president" -- oh how I wish I shared that optimism 0rganism Oct 9 #5
"Democrats need to start thinking about this right now." Grins Oct 9 #15
Correct Cosmocat Oct 9 #19
I agree. Hope I am wrong Wifes husband Oct 9 #25
Deport the Supremes too RainCaster Oct 9 #6
Next President needs explicitly to run on the illegitimacy of the Court Ponietz Oct 9 #8
Many of us were calling for Biden to do these things a year ago Orrex Oct 9 #9
Yup!!! Scubamatt Oct 9 #12
I have always said to my wife,You can take 2 words and swap them in any sentence dealing with initiatives, policies,etc. Scalded Nun Oct 9 #14
Meanwhile, the pundits pretend that the right wing didn't scream about judicial activism for decades prior to Trump. progressoid Oct 9 #17
What is so astonishing is the Supreme Court will make themselves moot by giving the orange turd a dictatorship kimbutgar Oct 9 #21
The very first thing that needs to be done, re the SCOTUS ReRe Oct 9 #22
You're absolutely correct. Gimpyknee Oct 9 #23
Yes. In 2028. ReRe Oct 9 #26
Project 2028 JoseBalow Oct 9 #24
They are no longer supreme mdbl Oct 9 #27
SCOTUS will just reverse themselves the first time a Dem prez tries to Buttoneer Oct 9 #31
There is ONE thing we must learn from Trump: Shipwack Oct 9 #32
Never assume fairness from Robert's Fascist "Justices" RVN VET71 Oct 9 #33
Like Alito declaring Roe vs Wade "Wrongly Decided"? czarjak Oct 10 #34
Exactly. Martin68 Oct 10 #35
I predict the next Dem president will redirect the tariff revenue Wanderlust988 Oct 10 #36
Expand the SCOTUS MarcoZandrini Oct 10 #37
The Supremes have given up on the US Constitution Farmer-Rick Oct 10 #38
100% THIS Six117 Oct 10 #39
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