• Hadriscus@lemm.ee
    link
    fedilink
    arrow-up
    3
    ·
    8 hours ago

    Can someone ELI5 ? I thought Trump had the supreme court in his pocket, having appointed a majority of its members?

    • Zak@lemmy.world
      link
      fedilink
      arrow-up
      5
      ·
      3 hours ago

      Trump appointed three out of nine justices. Three more were appointed by Republicans (Bush 1 and Bush 2), so a 2/3 majority of justices are considered conservative.

      Judicial conservatism, however does not always align with political conservatism. Judicial conservatism tends to mean staying close to the original meaning of the text of the law. Some of Trump’s actions require creative interpretations of the law; in the case at hand, Trump wants to use a law meant to expel citizens of an enemy country during a war to deport immigrants he accuses of being members of gangs without allowing them to challenge that action in court.

      Thomas and Alito dissented, arguing that a creative interpretation of the law should be allowed here; neither is a Trump appointee.