Post

David Nir
@davidnir.com

To me, the NY redistricting case feels like a constitutional crisis in miniature. The Supreme Court is issuing orders it "cannot" issue, Sotomayor explains in her dissent. Yet it did so anyway. So how should the NY courts react to an order that should never have issued?

193 reposts766 likes

David Nir
@davidnir.com

Agree with this take. Sotomayor was clear and correct: "Until defendants try to obtain relief from New York’s highest court, this Court cannot and should not act." SCOTUS' opinion is a legal nullity. About as binding as shouting, "I DECLARE BANKRUPTCY!"

Barred and Boujee aka Madiba Dennie@audrelawdamercy.blacksky.app

reading over Malliotakis v. Williams and lowkey think New York courts/the NY Redistricting Commission should be like...since the Supreme Court clearly lacked jurisdiction to intervene in the case at this time, we are treating it as the nonbinding advisory opinion that it is, thanks for the input tho

zenosAnalytic
@zenosanalytic.bsky.social

It should ignore the SC order. Defendant has not appealed the lower court ruling, therefore the lower court ruling remains in effect, and the New York High Court should enforce it.

Noah Dahl
@noahdahl.bsky.social

NY courts should disregard and explain why. Quite serious. Alito deserves to be embarrassed over this. A clear and concise explanation of why this ruling is legally wrong would be a blessing.

Dr Deb K
@drdebk.bsky.social

Yes. Absolutely. It’s not okay for the Roberts Court to act illegally (over and over) with no accountability. How many Supreme Rulers must the US endure. The ONLY option is for NY Courts to ignore them. What’s Roberts going to do? Have Trump arrest them?

SaukFish
@saukfish.bsky.social

Alito is Trump in robes — he couldn’t possibly care less about constraints. If he can do it, he’ll do it, and he knows nobody can stop him.

Dr Deb K
@drdebk.bsky.social

True. But can Alito stop the New York Courts. If Trump tried to arrest them, would THAT finally get us to Occupy DC? I keep wondering what our “redline” is, since murdering Renee Good & Alex Pretti wasn’t it apparently.

WHS
@laseitz.bsky.social

She didn't go far enough. Telling the court is should not act is one thing, but she should have told New York to just ignore the court's ruling, since it doesn't have jurisdiction.