politics
February 21, 2026
America’s Imperial Judiciary: The Contempt of the Nation’s Lawyers for the Government of the People Must Be Checked
America now has an imperial judiciary that has usurped the powers of the presidency and treats the will of the people, executive power and the law with contempt
TL;DR
- Alexis de Tocqueville believed lawyers' "secret contempt" for the multitude was a necessary aristocratic principle to prevent mob rule.
- America's judiciary is now seen as an unchecked force, exhibiting judicial contempt for the will of the people, executive power, and the law.
- The Supreme Court ruled 6-3 that President Trump's tariffs enacted under the International Emergency Economic Powers Act (IEEPA) are illegal.
- Justice Kavanaugh's dissent warns of billions of dollars in refunds to importers and uncertainty regarding trade deals.
- The dissent argues that Congress's grant of authority in IEEPA to 'regulate... importation' clearly includes tariffs, citing historical precedents.
- The ruling is described as a step towards the unraveling of American democracy, with President Trump expressing shame towards some justices and alleging foreign influence.
- The administration plans to use the Trade Act of 1974 and Section 338 of the Tariff Act of 1930 to implement tariffs with greater staying power.
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