Legal AF by MeidasTouch - Whoa! SCOTUS Makes Major Ruling with Instant Impact
Episode Date: June 24, 2025In a 6-3 decision that Justice Sotomayor calls an “abuse of power” by the Supreme Court which turns the nature of Due Process on its head, and rewards the Trump Administration’s flagrant violati...on of federal court orders, the Supreme Court just ruled that human beings without due process or even limited notice can be deported to dangerous countries they are not even from, like South Sudan and Libya. Michael Popok explains how the MAGA majority of the Court just rewarded Trump’s bad behavior. Square: Get up to $200 off Square hardware when you sign up at https://square.com/go/legalaf! #squarepod Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices
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limited time. Visit your local GMC dealer for details. In breaking news, I'm sad to report
that the United States Supreme Court, six to three, has just turned due process upside down
has just turned due process upside down and Fifth Amendment rights upside down by in a one paragraph decision blocking a ruling by a Massachusetts federal judge
that required, get this, notice and due process before you take a poor immigrant
and remove them to a country that's dangerous that's not where he's from
like the Sudan or Libya.
That's what Donald Trump's been doing
in the middle of the night, without due process,
without even real any notice at all.
In violation of federal court rulings,
he's putting people on planes and sending them
to dangerous locations that they are not even from.
Third party removal, third country removal,
and has been getting away with it.
And now has gotten away with it again
because he's exploiting the emergency application process
on a skeletal record with no oral argument,
which results in all they got to do is vote
and make a one paragraph ruling
and the entire world of our jurisprudence
turned upside down.
Justice Sotomayor, who along with Kagan and Jackson
wrote at powerful dissent, I say that a lot,
it's either Sotomayor, Kagan, or Jackson,
but Sotomayor said in effect that this court,
the Supreme Court is abusing its powers.
She's never seen more abuse of power.
And that the equitable relief that Trump is seeking, the stay should have been denied him for one major fundamental reason he has
unclean hands I mean literally I'm sure he has unclean hands but that's a legal
doctrine that says if you come to the court in equity and you ask the court to
do something like grant a stay you have to be blameless you have to have clean
hands and then she cataloged from the record,
all the times this administration in this case
has violated a judge's order,
sending a gay man to Mexico,
where he had been raped and tortured,
sending him back to Mexico on false evidence
provided to a federal judge that he agreed to go to Mexico.
That's one dirty hand.
Another person sent to Libya after the court ordered that
they be given notice and due process and the court and Donald Trump did it anyway. See, the Supreme
Court is rewarding the unconstitutional behavior of Donald Trump every time they rule in his favor
this way. And I'm trying to make heads or tails of it because I thought what came out of the body
of law they developed on emergency applications
over the last three months,
I thought what the synthesis of that was
is that at least they get notice, do process,
and get before a federal judge.
Then how do you explain this one paragraph?
And at some point right now,
I'm going to read to you from the one paragraph
because that is the entirety of the decision.
And then I'll read to you from excerpts
of Judge Justice Sotomayor. You're here on
Midas Touch Network. I'm livid. You should be too. But we got to
speak truth to each other first and understand and unpack this
decision. And then where do we go from here? All right. Case
comes up from Massachusetts, an emergency application once
again. That's why Donald Trump is winning at the Supreme Court.
He's stampeding them into decisions. He's up 8 to 4 at the Supreme Court. He's losing
96% at the trial court level. Same amount at the appeals level, but he's 8 to 4 at
the Supreme Court because he's got the numbers. The MAGA MAGA right. It's always
6 to 3 on these issues. I would have thought given the work they've
already done on immigration and notice and due process they would have thought given the work they've already done on immigration and notice and due process,
they would have not ruled this way.
I was wrong.
First, let me read to you from the one paragraph decision
that rocked the world of due process.
Ready?
The application for stay presented to Justice Jackson
and referred to the court is granted.
The preliminary injunction of the district court below
is stayed pending the
disposition of the appeal at the first circuit. That's about it. We're going to let Donald Trump
and we're going to reward his bad and unconstitutional behavior and we're going to let him continue to
deport people in the middle of the night to dangerous countries that they have no relationship to
without notice and due process and we're okay with it. Support for today's episode comes from Square.
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You know who's not okay with it?
The three moderates and the fair-minded people
on the United States Supreme Court.
Sub-Temma Mayor reminds the court,
before calling it an abusive power
that she's never seen before, that there is a doctrine of unclean hands if you come to this court asking for equitable relief
You better have clean hands and she details and documents all the violations of federal court orders
That Donald Trump is being rewarded for now
Under the doctrine of unclean hands, so she says
on page 10 of her dissent,
joined by Kagan and Katanji Brown Jackson,
for centuries courts have closed the doors of equity
to those tainted with inequitableness or bad faith
relative to the matter in which they seek relief.
That principle rooted in the historical concept
of the court of equity as a vehicle for affirmatively enforcing the requirements of
conscious and good faith, ensures the courts do not become the better of
inequity. Here, in violation of the unambiguous TRO, the government flew
four non-citizens to Guantanamo Bay and from there to El Salvador. She then goes
on and talks
about the Mexican citizen who was sent to Mexico where he had been raped under
false evidence and then concludes on page 11, in light of the government's
flagrantly unlawful conduct, today's decision might suggest the government
faces extraordinary harms. Yet even that is not the case. Rather, following a
recent trend, the court appears to give no serious consideration to the extraordinary harms. Yet even that is not the case. Rather, following a recent
trend, the court appears to give no serious consideration to the irreparable
harm being suffered by these individuals factor. The judge also says that this is
an abuse of power of this court. She said, I cannot join so gross, talking about her
fellow Supreme Court Justice, so gross and abuse of the
court's equitable discretion to grant this stay. And here's how she concludes
this dissent. We should just create like a coffee table book of the best of Sotomayor,
Kagan, and Kataji Brown Jackson's dissents because they were one day by
other people, our future generations of Americans will look back on these dissents and say they were
on the right side of history and that the supermajority was wrong and a stain and a scar
of the United States Supreme Court. I assure you. Here's how she concludes. The due process
clause represents the principle that ours is a government of laws, not of men, and that we submit ourselves
to rulers only if under rules, citing to a case from 1952 we call Youngstown.
By rewarding lawlessness of the Trump administration, the court once again undermines that fundamental
principle.
Apparently, the court finds the idea that thousands will suffer violence in far-flung
locales more palatable than the remote possibility that a district court exceeded its remedial
powers when it ordered the government to provide notice and process to which the plaintiffs
are constitutionally and statutorily entitled.
That use of discretion is as incomprehensible as it is inexcusable.
Respectfully, but regretfully, I dissent. So do I. is as incomprehensible as it is inexcusable, respectfully,
but regretfully, I dissent.
So do I, so do I.
What happens next?
Well, this is just going to embolden
the Trump administration to continue to do
what it's been doing, violating due process rights,
violating habeas corpus rights, not giving proper notice,
and it will encourage them to continue
to violate federal court orders
because there seems to be no repercussion.
The federal courts try to hold them in contempt.
The appellate courts take away that right.
The Supreme Court doesn't want to hold anybody in contempt.
So federal judges become powerless and toothless
and the Trump administration knows it.
So they keep going for broke.
They keep pushing the button
because they know it's going to be successful
and this Supreme Court's gonna defend them.
We need regime change.
We need regime change that starts
at the midterm of elections
and make sure that no more federal judges
get appointed by Donald Trump from now until the midterms.
And certainly no Supreme Court justices.
We gotta take back the House and the Senate.
There's just no other explanation. I've, I've had just to end it this way, the
entirety of my life, the entirety of my adult life, no, child life, has been a
Republican-dominated Supreme Court. We've never had in the last 50 years plus the
Democrats and the moderates and the liberals in charge of the Supreme Court.
That's got to change. And I'm not lamenting that because I could agree in the past with
Sandra Day O'Connor or Brennan or Black or Black men or you name it, Supreme Court
Justice of the past, Breyer, Kennedy. I just can't abide this super
mega bought and paid for by the Federalist Society, super right-wing
majority. And I won't and will continue to call it out here on Legal AF and on the
Minus Touch Network. Take a moment, hit the subscribe button for Minus Touch,
come over and do the same thing for Legal AF, the YouTube channel. And I'll
be posting this particular decision so you can read it for yourself on the Legal AF Substack.
So until my next report, I'm Michael Pumfuck.
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