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Our Crumbling Courts and Withering Rule of Law: 'BradCast' 9/16/2025 (With DK's KeithDB!) [1]

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

Date: 2025-09-16

Guest: Attorney Keith Barber on nullified Administration court losses; the corrupt Supremes; Bondi v. free speech; new rulings in NY and GA cases; Trump's laughable defamation lawsuit against the NYTimes...

We're lucky to have a guest on today's BradCast who is able to offer a smart perspective on a whole bunch of legal stories breaking over the past 24 to 72 hours, because there has been a whole bunch of those stories tumbling in, regarding our crumbling court system and the Trump Administration's unrelenting assault on the Constitution and rule of law. [Audio link to full show follows this summary.]

We're joined today to discuss all of them by KEITH BARBER, former lifelong Republican and attorney who now writes on legal matters at the progressive Daily Kos. I had initially asked him to join us to discuss his latest coverage of on an adverse ruling for the Trump Administration late last week in U.S. District Court.

In that case, the lower courts had previously put a hold on the Administration's attempted firing of thousands of government workers across dozens of federal agencies. The temporary injunction on the layoffs issued by the Office of Personnel Management (OPM) was meant to allow time for the lower courts to fully hear and try the challenge to the firings, as filed by several employees and their unions. But the injunction was overturned earlier this year by the Supreme Court, without explanation, on their "Emergency Docket", known by critics as the "Shadow Docket".

Before the injunction was blocked by the corrupted Supreme Court majority, it was meant to avoid irreparable harm to the workers by maintaining the status quo until a full trial on the merits could determine whether the firings were lawful in the first place. Late last week, as Barber reports, the court ruled [PDF] against the Administration, describing the government's case as a "sham" based on "fabricated" arguments and "chicanery". That said, thanks to the High Court's earlier ruling, lifting the lower court's injunction, last week's ruling comes largely too late to restore workers who lost their job. Many of the agencies in question have either removed those jobs since then or have been shut down entirely while the case made its way up and back down the judicial system.

The OPM case is just one of dozens like it, where lower court rulings -- meant to temporarily pause the Administration's unprecedented and seemingly unlawful actions until the merits of challenges could be heard -- were "temporarily" overturned by the High Court without explanation on the Shadow Docket as the cases proceeded below.

This same scheme has played out dozens of times in the eight months since Trump returned to office. Over mass firings of government employees, to very specific firings of decades-long experienced agency personnel for obviously (and unlawful) political reasons; to the complete or near-complete shutdowns of entire federal agencies and departments; to attempted Administration takeovers of supposedly independent federal Commissions; to attempted rescission of billions, if not hundreds of billions of dollars in already appropriated spending by Congress; to mass roundups and deportations of migrants by federal agents; to the deployment of U.S. military into American cities against the wishes of state and local authorities. That's just to name a few of the major, unprecedented upheavals and attempted upheavals allowed to "temporarily" proceed by the corrupted Supreme Court majority, almost always in contradiction to lower U.S. District and Appeals Court rulings.

Many of those cases are now completing their full trials on the merits and/or being heard by appellate courts, with inevitable trips ahead back up to the Supreme Court for final rulings. As Barber details today, however, we can be almost certain that if the Supremes choose to take up those cases, they will most likely do so in order to overturn a lower court ruling on the merits against Trump. Otherwise, given the number of cases they must choose between hearing each year, they are likely to simply allow favorable rulings for Trump in the lower courts to simply stand as is. We' find out in the coming months.

Either way, Barber explains all of this by concurring with the argument I have been offering for quite some time. "We have a corrupt Supreme Court," he asserts. "Donald Trump corrupts everything he touches, to include the United States Supreme Court."

I had hoped to dig into related aspects of the OPM mass firing case (in which the Administration falsely claimed that the thousands of fired workers were laid off due to "poor performance") and what it portends in the months ahead. But a whole bunch of other legally related issues came tumbling in today and in recent days, which I was also able to discuss with Barber on today's program.

Among our additional topics for discussion today...

Longtime federal prosecutor Maurene Comey filed suit against the administration on Monday for her recent firing. She argues it was solely (and unlawfully) due to a political vendetta by Trump. Comey is the daughter of James Comey, the former FBI Director famously fired by Trump during his first term in office.

Attorney General Pam Bondi's recent vow to "absolutely target" anyone who dares use "hate speech" she doesn't like in the wake of Charlie Kirk's murder. For the record, Kirk would have disagreed. "Hate speech does not exist legally in America," he posted on social media last year, adding "ALL of it is protected by the First Amendment." Bondi also recently vowed to prosecute businesses who choose not to print posters of Kirk, despite the 2018 SCOTUS ruling that a religious baker in Colorado could not be forced to bake a cake for a gay wedding.

Terrorism charges were dropped today by a judge in New York court against the 27-year old man accused of murdering the CEO of UnitedHealthcare last December.

In a 4 to 3 split ruling, the Georgia Supreme Court declined on Tuesday to hear Fulton County District Attorney Fani Willis' appeal to a lower court ruling removing her and her office from prosecuting the sprawling racketeering indictment against Donald Trump and 18 co-defendants for their alleged efforts to steal the 2020 Presidential election in the state. While a state commission may now assign the case to a different prosecutor, they may choose not to do so or the chosen prosecutor may choose to drop the election interference case entirely. Willis' removal stems from a lower court ruling which determined she had had an inappropriate romantic relationship with a fellow prosecutor on the case.

On Monday, Donald Trump announced his latest laughable defamation lawsuit against a major media outlet. This time, it's a $15 billion case against the New York Times for reporting which Trump, apparently, doesn't like. Barber describes the 85-page suit [PDF] as absurd. "I honestly think that Saturday Night Live or somebody should do a comedy sketch where the whole thing should be read out loud," he tells me. "It's nuts." That said, so were the ridiculous defamation suits against ABC News and CBS News, both of which chose to settle with Trump at the insistence of their corporate parents. The Times, however, has no such corporate parent. "I hope they don't settle this," says Barber. "I would expect that not only would they prevail, but they'd also get back all of their legal expenses."

And finally today, we close with Desi Doyen and our latest Green News Report on our newly endless summers (no, it's not just your imagination); billions of taxpayer dollars being spent on new subsidies set for the fossil fuel industry, thanks to Trump and the Republicans' newly passed budget bill; and the surging success of renewable energy, lead by China, pretty much everywhere across the globe...except in the U.S...

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[Cross-posted from The BRAD BLOG...]

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