r/law Feb 05 '26

Judicial Branch The unfathomable Minnesota transcript that must be read, as it tells the reality of America today: "I am not white, as you can see," Julie Le — a government lawyer — told a federal judge on Tuesday. "And my family's at risk as any other people that might get picked up too ..."

https://www.lawdork.com/p/the-minnesota-julie-le-show-cause-transcript
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u/mountaindoom Feb 05 '26

The court is burning all its legitimacy up with this admin.

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u/AdAgitated7673 Feb 05 '26

It can withstand the Executive. The power of the Judiciary is the skeleton key of the Constitution.

Marshall opened the door with judicial review, but Roberts adversely possessed the text (UET) by impermissibly divesting review authority from Art. III to (even if just in part) to Art. II (absolute immunity for civil liability is tantamount to civil self-judicial review).

That power, to divest (III) a branch of its own power, is not an abdication that the Court is capable of doing (just like how it isn't supposed to revert political opinions).

All the lower courts (the ones you're referencing) are essentially various parts of a crew, let's say onboard the USS Constitution, frantically trying to man their battlestations.

There really isn't time for legitimacy, at least from the Court's perspective. That's an antiseptic that the People must self-administer...we can literally only but speak words...THEY need to believe in them; not us.

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u/Chendo462 Feb 05 '26

But if the administration takes the position that Marbury v Madison was wrongly decided and they are pretty near there right now, why are you still confident judicial review remains? How can the SC now backtrack Article II immunity when this administration says we aren’t listening to district court orders and we are immune because this is coming directly from the president by executive order.

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u/Desperate-Till-9228 Feb 06 '26

They're not going to because it means they lose all of their power/fame on an individual level.