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Wednesday, February 04, 2026

4: Iran

I’m not a lawyer, but I talk to lawyers, and this isn’t a difficult case on the merits. Trump is clearly wrong on both the letter and the spirit of the law. And when the Supreme Court held its hearing, the tenor of the questions, even from conservative justices, suggested that they recognized that the administration had no case. ......... this isn’t a difficult case on the merits, but it puts the six right-wing members of the Court between a rock and hard place, not intellectually, but personally. .......

For a right-wing justice, ruling in the Trump administration’s favor in such an open-and-shut case would amount to admitting that you’re a pure partisan hack. And even the right-wing faction on the court is trying to maintain the fiction that it’s still a deliberative body, not a MAGA rubber stamp.

............... to suggest that Supreme Court justices are insulated from pressure merely because they have job security is to misunderstand how power and influence work, especially within the modern right-wing movement. ................. Prominent figures on the right — and the Republican Six on the Supreme Court surely qualify for that definition — aren’t just members of a movement. They’re also part of a social scene — a scene shaped by the wealth and power of billionaires. They share in the privilege and glitter of that scene even if they aren’t outright corrupt — even if they aren’t all like Clarence Thomas, who, as ProPublica revealed, has taken multiple lavish vacations paid for by billionaire Harlan Crow. .............. To vote against Donald Trump’s beloved tariffs, delivering him both a policy and a political blow, would be to risk being ostracized and exiled from that milieu. If you don’t think that would matter a lot, you don’t understand human nature. ............. Violent threats against judges and other public officials, especially those denounced by Trump and other MAGA figures, have soared. ............. So the right-wing majority on the Court is surely afraid to rule on tariffs — afraid to rule for Trump, because that would destroy what’s left of their credibility, afraid to rule against, because that would anger both the MAGA elite and the MAGA base. ........... So they’re procrastinating, even though the longer the tariffs stay in place, the more Trump is emboldened to tweet out bizarre, destructive and illegal policies and the more economic damage is done by uncertainty. .......... Their paralysis is understandable. But it’s also utterly shameful.