Trump DOJ FALLS APART as Supreme Court CRUSHES Trump | It's Complicated
Quick Read
Summary
Takeaways
- ❖The Supreme Court's oral argument on birthright citizenship strongly indicated a major defeat for former President Trump's executive order.
- ❖The government's legal theory on birthright citizenship, requiring parental domicile and allegiance, was heavily scrutinized and found to lack textual support.
- ❖Justices Gorsuch and Barrett raised devastating questions, highlighting the flaws in the government's argument, including its implications for Native Americans and trafficking victims.
- ❖The DOJ's Solicitor General Sauer resisted a statutory ruling, pushing for a constitutional answer despite the high likelihood of losing on the merits.
- ❖Former President Trump's physical presence at the oral argument was interpreted as a sign of weakness and an ineffective attempt at intimidation.
- ❖The Department of Justice's Office of Inspector General (OIG) and Office of Professional Responsibility (OPR) are reported to be non-functional, hindering internal accountability.
- ❖A specific whistleblower case involving an erroneously deported individual was dismissed by the OIG and referred to a non-functional OPR, exemplifying the oversight breakdown.
- ❖The lack of functional internal oversight removes deterrence for misconduct, potentially leading to increased ethical lapses and false claims to courts by government agents.
Insights
1Supreme Court Poised to Reject Trump's Birthright Citizenship Executive Order
Legal experts anticipate a significant defeat for former President Trump's executive order attempting to redefine birthright citizenship. The oral arguments revealed strong skepticism from a broad range of justices, including conservative appointees. The government's argument, which posited that 'subject to the jurisdiction thereof' in the 14th Amendment requires parental domicile and allegiance, was seen as lacking textual and historical support. Justices like Gorsuch and Barrett posed challenging questions that exposed the theory's weaknesses, such as its implications for Native Americans or children of trafficked individuals. The court's previous rulings and congressional actions (e.g., the 1940 immigration statute) have consistently affirmed a broad interpretation of birthright citizenship.
During oral arguments, Justice Gorsuch questioned the government's focus on parents rather than the 'person being born' (). Justice Barrett raised a scenario about trafficked pregnant individuals (). Chief Justice Roberts questioned the data supporting the 'birth tourism' argument and stated, 'it's a new world, it's the same constitution' (). The Solicitor General's resistance to a statutory ruling () and his flummoxed response to Gorsuch's question about Native American citizenship () further indicated the weakness of the government's position. The host predicted a 7-2 or 8-1 loss for Trump ().
2DOJ's Internal Oversight Mechanisms Are Reportedly Gutted and Non-Functional
The Department of Justice's primary internal oversight bodies, the Office of Inspector General (OIG) and the Office of Professional Responsibility (OPR), are described as severely compromised or non-functional. This breakdown creates a critical gap in accountability for potential misconduct, corruption, or ethical lapses within the DOJ. A specific case involving a DOJ lawyer, Arez Ruaini, who was fired for telling the truth about an erroneous deportation, illustrates this problem. His whistleblower complaint was quickly dismissed by the OIG and referred to OPR, which is also reportedly not functioning, leaving no avenue for investigation.
The email from Whistleblower Aid stated the DOJ's OIG 'pretty much doesn't exist anymore' (). The OIG dismissed Ruaini's whistleblower complaint within a day, referring it to OPR (). The host noted that of 20 inspectors general, Trump had fired 'like 17 of them' (). The lawyers for the whistleblower informed House and Senate Judiciary Committees that OPR 'is not functioning either' ().
3Supreme Court's Independence: Limits to Accommodating Executive Power
While the Supreme Court has previously accommodated the Trump administration, particularly on its 'emergency docket,' the birthright citizenship case, like the tariffs case, suggests there are limits. The court appears less willing to 'bend the knee to Trump' when the executive's position is legally weak and does not align with the justices' broader substantive and ideological agenda. This distinction indicates that the court, despite its conservative majority, is not reflexively ruling in favor of the executive in all cases.
The host states the court 'is not reflexively ruling for Trump in every case, that there are some lines that the court is not willing to cross' (). The speaker suggests the 'merits docket is a different animal than the emergency docket' () and that birthright citizenship and tariffs 'weren't' bread-and-butter conservative legal movement issues ().
Lessons
- Advocate for robust funding and independence for government oversight bodies like the OIG and OPR to ensure accountability within federal agencies.
- Monitor judicial appointments and legislative actions that could impact the independence and functionality of internal government watchdogs.
- Support whistleblower protections and organizations that assist individuals reporting government misconduct, as these are critical for exposing systemic issues when internal mechanisms fail.
Quotes
"The dirty little secret is I think they knew that they were going to lose this case. I mean, I think the way that the Justice Department has litigated this case ever since last summer... DOJ's behavior has not been the behavior of, 'We think we can win.' DOJ's behavior has been the behavior of we promised we'd come back, so here we are."
"If the justices aren't worrying about the implications of upholding this faka executive order, that should tell you that they're not planning to uphold this faka executive order."
Q&A
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