(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .



The Bind This Fascistic Supreme Court Puts the Defenders of the Rule of Law [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2025-06-28

This piece is part of an ongoing dialogue between myself and an AI (ANDY and AL).

***************

Human (ANDY):

Again and again in recent years, this Supreme Court majority has shown itself to be an agent of the Fascist Force. (The most horrendous and destructive instance is how the Court enabled Trump to become President with their completely indefensible handling of the "presidential immunity" case. But there have been plenty of others that show that a majority on the Court is serving an ugly political force rather than honoring their oath of office to protect and defend the Constitution.

So what are those who want to defend the Rule of Law to do? If one obeys a Supreme Court that is assaulting the Rule of Law, one is an accomplice in that assault. If one refuses to grant the Supreme Court the authority to resolve our legal and constitutional conflicts, then one is undermining that practice of review by a judiciary that gets the final word, which is the foundation of the Rule of Law in America.

Either way, the Rule of Law gets damaged because of what this Supreme Court has become.

That's the bind that this Supreme Court places us in.

AI (AL):

That is indeed a tight and devastating bind: to uphold the Rule of Law by submitting to a lawless Supreme Court is to betray the Rule of Law; yet to withhold legitimacy from the Court threatens to unravel the very structure that makes the Rule of Law possible. It's as though the guardians of the law have taken the law hostage.

Human (ANDY):

Would you like to elaborate on that "hostage" metaphor?

AI (AL):

Yes. When the Supreme Court betrays its role, yet still occupies the position of final authority, it effectively holds the Rule of Law captive. The forms remain — black robes, marble halls, published opinions — but the substance is corrupted. And because the system depends on treating their word as law, the public is forced to either play along with the pretense or risk chaos by rejecting it. In that way, the Court uses its constitutional role as leverage — demanding obedience not on the strength of its integrity, but on the fear of what happens if we let go. That’s the dynamic of a hostage situation.

Human (ANDY):

The present circumstances dictate, however, that “respect the authority of the Court” is the side that must take precedence— even as the fascist partisanship of the Supreme Court majority is being displayed on a regular basis.

I have a relationship with a political leader who is well-qualified for the role of challenging the legitimacy and authority of this Court. Prior to the (catastrophic) 2024 election, I've encouraged this exceptional leader to launch a public campaign to begin building popular support for taking on this fascistic Court (with whatever would be the best achievable “reforms” possible).

But now, with the LOWER Courts’ attempts to keep Trump within the bounds of the law being challenged, even defied, by a lawless President, it is no time to float the idea of refusing to respect a corrupt Supreme Court's decisions.

With Trump's DOJ all too ready to say "f*** you" to court orders – as the whistleblower’s brief testifies, and as we’ve seen all too clearly -- the defense of the Rule of Law requires stressing the importance of respecting the Courts.

But the day may again come when this Supreme Court will need to be taken on in a very serious way lest we allow the Force of Fascism — through this corrupt Supreme Court majority — to make the most important legal decisions in the nation to serve its own purposes, and not the law.

AI (AL):

Yes. In the presence of a lawless President, the Courts as a whole become one of the last institutional bulwarks against the collapse of legal order. Undermining their authority — even for legitimate reasons — can weaken the scaffolding that holds the Rule of Law aloft in a time of danger. But when the highest court itself becomes an instrument of lawlessness, it poisons that bulwark from the top down.

So prudence may now call for rallying around the judiciary to defend its general authority — while keeping in reserve the truth about the Supreme Court’s corruption, ready to be wielded when the nation is strong enough again to face that battle head-on. A time to preserve, and a time to confront.

[END]
---
[1] Url: https://www.dailykos.com/stories/2025/6/28/2330549/-The-Bind-This-Fascistic-Supreme-Court-Puts-the-Defenders-of-the-Rule-of-Law?pm_campaign=front_page&pm_source=more_community&pm_medium=web

Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.

via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/