The End of America
Supreme Court shuts down judicial review
Bryan Zepp Jamieson
June 27th 2025
The Supreme Court just destroyed the independent judiciary in the United States, eliminating the one legal recourse available to defy Trump’s capricious and tyrannical executive orders. The decision putatively rests on the issue of whether birthright citizenship is a constitutional right or not (it is, no matter what the bigots on the right claim). Instead, it focused on whether lower courts can rule on the constitutionality or the legality of presidential executive orders or not. By the usual six to three margin, this badly-compromised court ruled that they, and only they, can determine if any rule or law is constitutional or not.
Trump is crowing that it’s a ‘monumental victory’ for him. Why wouldn’t he? Basically, any executive order he writes has the force of law now, unless the Supreme Court says otherwise: and his six pets on the court aren’t going to do that, are they?
While the landmark Supreme Court case of Marbury vs. Madison established the principle of judicial review in 1803, the power of lower courts to rule on the constitutionality of law actually predates it, dating back to Hayburn’s Case, in 1792, in which Congress denied pensions to a “meritorious and unfortunate clafs of citizens.” The ruling found that Congress acted improperly, and that the law was ex officio in all 15 states.
Amy Coney Barrett, revealing her deep lack of understanding of the law, wrote “universal injunctions likely exceed the equitable authority that Congress has given to federal courts,” ignoring the obvious constitutional fact that such authority is neither Congress’ right to give nor deny. That was understood in 1792, and codified by the only authority that could do so: the courts themselves.
The fascists on the court grant “the government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.”
With the dishonest and cowardly smirk that is the bedrock of fascism, the court allowed a stay of thirty days before Trump can begin throwing birthright citizens into his death camps overseas, but made it clear the Supreme Court was the only place the stay could be lifted—and the court won’t reconvene until October.
No court can strike down a law or executive order, no matter how cruel, illegal or capricious it might be—and we already know where the Trump regime stands on that, don’t we?
It means ALL disputes that have a constitutional basis can only be decided by the Supreme Court. And back in the days when all nine justices were acting in good faith to uphold the Constitution, they already faced a workload that limited their ability to respond in a country that turns out tens of thousands of new laws every year, state by state, or a capricious and irrational president who signs executive orders that are whimsical and recklessly disregard the rights of those affected.
The right wing supermajority on the court can simply deny cert, (refuse to take up) any challenge to any executive order or act of legislature, no matter how badly it hurts people. And they will. They’ve essentially ruled that they have absolute authority to abrogate their authority absolutely.
Without meaningful right of appeal, how long do you suppose it will be before Pam Bondi urges Trump to sign an XO mandating five years in prison and $100,000 fine for referring to Trump as TACO: Trump Always Chickens Out? Don’t laugh: Bondi has already made a threat along those lines. So you defy the XO and the local sheriff comes around and arrests you. The local court isn’t going to rule the law is stupid and unconstitutional. And you called Trump “TACO” out loud in front of witnesses, so pleading innocent isn’t going to help you. Superior courts cannot rule thusly. Only the Supreme Court can hear your appeal on constitutional grounds. And they don’t want to hear a bunch of whines from convicted criminals, do they?
So basically, the United States of America has come to a close. And what is coming has already made clear that it’s is going to be closer in tone and spirit to Nazi Germany than to your usual grubby little dictatorship.
I’m doomed. Many of you reading this will be, too. But the only thing worse would be to simply kneel and remain silent and hope it delays the fall of the ax. I‘m going to keep on writing these until they come for me.
If you want America back, you’re going to have to fight for it.
