4/08/2025

The Supreme Court is 20 Pounds of Fascism in a 5-Pound Bag

The Supreme Court supports Trump using the Alien Enemies Act against immigrants and his mass firing of federal workers all within 18 hours. Fascism is officially here.

The Current Justices of the Supreme Court. (Supreme Court Historical Society)

The Supreme Court that Trump appointed 1/3 of keeps siding with Trump. Last night, the high court essentially ruled Trump could continue illegally deporting Venezuelan immigrants using the Alien Enemies Act, a 1798 law that can only be used when the United States is at war with a foreign country (we are not at war with Venezuela). Not being satisfied with that outrage, it further emboldened Trump by ruling today that his illegal firing of thousands of federal workers are now okay and he does not have to reinstate any of them.

This shameless favoring of Trump by the Supreme Court's conservative supermajority is not even the worst part. While some are saying the court did not technically rule on whether Trump is using the Alien Enemies Act lawfully, this is a distinction without a difference. They sidestepped the issue and are allowing him to use the law despite there being no war, making them complicit in the creeping fascism Trump and his minions are responsible for normalizing. 

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While the Supreme Court's ruling said immigrants facing deportation under the 1798 wartime law now have the right to due process within a "reasonable time" (whatever that means), it said nothing of the rights of those immigrants already illegally shipped to a notoriously dangerous concentration camp in El Salvador in March using the same law. Seeing as Trump has continuously denied that these men have any legal rights to contest their detention there, the Supreme Court has effectively declared them dead to the law. This is chilling, as the more we learn about those who were deported to the infamous concentration camp, the more violations of due process and proof of purposeful cruelty we find.

The Supreme Court did not save its own brand of cruelty for immigrants, however. It also showed contempt for American civil servants who were fired by Trump and Elon Musk in violation of federal law. Again, the high court sidestepped the issue here by ruling the nonprofit groups that sued over the firings did not have proper standing to do so. Yet in the end, the result is another Trump win. How about that.

It is more clear than ever that if American democracy is to survive Trump, the Supreme Court will not be coming to save the republic. But it is much worse than that. Not only is the Supreme Court not coming to the rescue, it is actually feeding the cancer threatening to take our system down.