AP: Federal appeals court upholds death sentence for Dylann Roof for killing nine people at a South Carolina Black church.
Talking Points Memo: Whitmer kidnapping plotter sentenced to six years in prison.
Reason: U.S. Supreme Court Chief Justice John Roberts' long game.
During the Trump Administration, Chief Justice Roberts wrote several decisions that (in my view) radically expanded a court's power to set aside agency action as arbitrary and capricious. The DACA and Census cases empowered the judiciary to second-guess every facet of the executive-branch's decision. In hindsight, a judge can simply ask, "Why didn't you address the costs and benefits of X?" And if a trial judge makes that finding, appellate courts are then obliged to defer. These rulings handcuffed the Trump Administration, and prevented it from undoing Obama-era policies.
Slate: The U.S. Supreme Court has allowed a Trump judge to take over the Biden administration's foreign policy.
The implications of Tuesday’s decision (reviving Trump's "remain in Mexico") policy are profoundly disturbing. The conservative justices spent the bulk of the Trump years insisting that courts must defer to the president’s constitutional authority over foreign affairs. Now they have allowed a lone Trump-appointed judge, Matthew J. Kacsmaryk, to force the government into sensitive diplomatic negotiations over border policy. Their decision even grants Kacsmaryk sweeping authority to oversee these negotiations so he can ensure that the Biden administration is pushing Mexican officials hard enough to revive Trump’s program, something the administration does not want to do. And they have seemingly abandoned their skepticism toward nationwide injunctions like this one—a position some held when it allowed them to undermine the federal judiciary’s check on Trump. In the process, the six Republican-appointed justices have injected chaos, confusion, and cruelty into the United States’ border policy, thrusting thousands of asylum-seekers into legal limbo.
NPR: Trooper hits Black motorist 18 times with a flashlight and calls it "pain compliance."
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