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The Supreme Court Is at War — With Itself: Columnist

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The U.S. Supreme Court, “nine angry men and women in black robes,” according to Philadelphia Inquirer columnist Will Bunch, has gone “off the rails,” and is now “at war with itself.”

“Almost every day, there are new signs — from shocking news leaks to surprisingly indecorous public jabs, and legal opinions that read like cries for help — that the U.S. Supreme Court is at war … with itself,” Bunch argues. “Looming large over this soft civil war inside one of America’s three branches of government is our most fundamental liberty, the right to vote.”

Pointing to President Donald Trump’s war in Iran, amid its “shaky” ceasefire and “the daily unraveling” of the White House, “the biggest bombshell wasn’t dropped in the Persian Gulf but in the pages of the New York Times.”

Bunch is referring to the widely-cited scoop from the Times‘ Jodi Kantor and Adam Liptak, that reveals the extreme steps Chief Justice John Roberts took to block President Barack Obama’s Clean Power Plan — and expand the powers of the Court via the “shadow docket.”

“For more than a decade now, these emergency rulings have largely constrained Democratic presidents and boosted the power of Donald Trump on major issues,” Bunch writes.

He notes that the Times published a batch of five justices’ secret memos, including those from Roberts, that “exposed the hypocrisy” of the Chief Justice, “who has argued during his two decades overseeing the court that its justices are not political actors but impartial umpires ‘calling balls and strikes,’ based on sound interpretation of the law.”

Bunch states these memos “reveal Roberts as less an umpire and more the manager of a team desperate to win the World Series for corporate America.”

The leaking of the memos, which, to many, cast Roberts in a negative light, “is just the latest in a series of news leaks and public statements coming from the Supreme Court that lack any precedent, legal or otherwise.”

Bunch says the court had already been facing a “crisis of credibility,” given the “revelations of alleged corruption” swirling about Justice Clarence Thomas, and the “billion-dollar efforts by wealthy conservatives to shape and then lobby the court.”

The Times’ report was far from the first leak.

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

In 2022 came the “Mother of All Leaks” — the draft opinion that would ultimately overturn 1970s’ landmark ruling, Roe v. Wade.

The leaker was never discovered, but “there’s been much speculation that it came from the conservative wing hoping the news coverage would prevent last-minute defections.”

Meanwhile, since the Court’s 2024 decision granting President Donald Trump and all presidents sweeping immunity from criminal prosecution for “official acts,” Bunch writes, “there has been even less decorum and more overt verbal warfare.”

Sometimes, justices publish their snipings inside their opinions, “as when Justice Sonia Sotomayor wrote in response to that ruling on presidential power that POTUS is now ‘a king above the law,’ signing off ‘with fear for our democracy.'”

Bunch says an even more “shocking” event occurred when Sotomayor “lashed out” at Justice Brett Kavanaugh, when she commented that one of his opinions had come from “a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.”

She quickly apologized.

Like the 2022 leak, no one has publicly stated who leaked the secret memos to The New York Times.

But, Bunch surmises, someone “very high in the judicial pyramid is trying to send a ‘bat signal’ to the American public — that things at the nation’s highest court have gone off the rails.”

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

 

Image via Reuters 

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Sotomayor Compares Asylum Ruling to U.S. Turning Away Jewish Refugees in WWII

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Justice Sonia Sotomayor compared Thursday’s Supreme Court ruling that asylum seekers have not entered the U.S. at the border to one of the most shameful parts of U.S. history.

The Supreme Court issued four rulings on Thursday. One of them was in Mullin v. Al Otro Lado, which challenged a 2016 U.S. Customs and Border Patrol policy where border patrol officers stood at the U.S. border and kept asylum seekers from entering the country. The immigration activist group Al Otro Lado challenged the rule, arguing it “withheld inspection and asylum processing from aliens who arrive at the border.”

The Court decided 6-3 along ideological lines that the policy was legal, with Justice Samuel Alito invoking “ordinary speech” to explain his reasoning.

READ MORE: ‘Alarm Bells’ as Trump Turns to Civil War White Supremacists in SCOTUS Case

“This case presents a straightforward question: whether an alien who seeks to enter the United States from Mexico ‘arrives in the United States’ when he or she is still in Mexico. In the decision below, the United States Court of Appeals for the Ninth Circuit answered ‘yes.’ That is wrong. In ordinary speech, no one would say that a person “arrives in” a place—for example, a house, a city, or a country—before the person enters that place. The context in which the phrase ‘arrives in the United States’ is used in the immigration statutes at issue here supports an ordinary-meaning reading. So does the presumption against extraterritoriality. We therefore reverse,” Alito wrote.

Justice Clarence Thomas wrote his own concurrence, which defended President Donald Trump’s power in determining immigration policy, writing “Congress, for its part, has no enumerated power to require the President to bring certain aliens into the country. The Constitution grants Congress the power to ‘establish an uniform Rule of Naturalization.’ … But, the class members in this case are not naturalized or even on the path to naturalization.”

“So, any statute that forced the President to allow aliens to cross the border against his will would appear to exceed Congress’s enumerated powers, and a court could not enforce it against the President,” Thomas added.

Sotomayor wrote a blistering dissent which, according to journalist Steve Vladeck, was read from the bench. In her dissent, Sotomayor tells the story of the M.S. St. Louis, a ship that set sail from Europe in 1939 with over 900 Jewish refugees fleeing Nazi Germany. The M.S. St. Louis sailed to Cuba and the United States. Both Cuba and the United States turned it away. In the United States’ case, it was due to strict immigration quotas and, as she writes, “the relevant quota was already filled for that year.”

The M.S. St. Louis sailed to Canada where it was again turned away, and went back to Europe.

“Tragically, over 500 of the refugees that had attempted to flee were trapped in Western Europe under German control, and over 250 of them died during the Holocaust. Most of them were ‘murdered in the killing centers of Auschwitz and Sobibór’ and ‘the rest died in internment camps, in hiding, or attempting to evade the Nazis,'” she wrote.

“Congress passed the Refugee Act in 1980 because it did not want this country to repeat the mistakes of its past. Yet if the refugees on the M. S. St. Louis were to walk up to a port of entry on our southern border today, the majority’s interpretation would allow immigration officers to refuse even to consider their asylum applications by physically blocking them from stepping foot onto U. S. soil,” Sotomayor added.

“The consequences of today’s decision are predictable. More people will die. More people will attempt to cross the border illegally, and some will make it while others will not. More dissenting people will be forced to walk along the U. S.-Mexico border in dangerous conditions, trying to find a port that will inspect them. More people will turn back and be subjected to violence because of something they cannot or should not have to change about themselves, such as their race, religion, nationality, or political opinion. Because this is neither what Congress said nor what its words permit, I respectfully dissent.”

Alito responded to Sotomayor’s dissent from the bench, Vladeck said—adding “That’s … unusual.” However, he declined to say what the substance of Alito’s response was. Audio for the ruling will be released this October, as is standard SCOTUS protocol.

 

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Trump Brags About Increase in Strait of Hormuz Traffic, Despite Being Far Below Pre-War Numbers

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President Donald Trump shared a clip from Fox News to boast about the increase in ships crossing the Strait of Hormuz since earlier this month. It’s still far below the number from before the Iran conflict started.

On Tuesday evening, Trump shared a clip to his social media platform Truth Social. It showed Fox News commentator Larry Kudlow talking about the increase in traffic through the strait. Kudlow served under Trump during his first term as the director of the National Economic Council. The clip opens with a table graphic showing 32 crossings of the Strait of Hormuz between June 12-14, and 93 from June 19-21.

Prior to the February 28 attacks that kicked off the Iranian conflict, there were 138 crossings per day on average, according to the BBC. When converted to the same three-day span of the Fox News graphic, that means 414 crossings on average—meaning the strait is only seeing 22.5% of the traffic prior to the conflict.

READ MORE: Trump Holds Housing Bill Hostage, Mike Johnson Says He’ll Sign It Anyway

Kudlow ignored the discrepancy, and instead used the figure to praise Trump’s mastery of international politics.

“You were basically almost halfway back of the original shortage of world oil supply, which was about 20% out of 100 billion barrels a day, so 20 billion barrels a day,” Kudlow said. “Whatever the IRGC people may or may not say—they’re like Baghdad Bob during the Iraqi war… they’re saying, for example, the Strait of Hormuz is closed, all right, and we’re having record transits right now.”

Kudlow then pivoted to a general defense of Trump’s Iran conflict, saying “women in the streets of Tehran are not wearing their hijabs, walking around in short skirts on motorcycles, saying things and singing songs, it’s as though they’ve lost the morality play that they tried to do.” He added that energy and gas prices are “coming down”—which AAA confirms— and says that funds given to Iran as part of the expected deal will be used to purchase commodities from America.

“So I think you know Trump is absolutely in control. There’s so much hand-wringing going on here, probably for political reasons, but I think he’s on the right track,” Kudlow said.

Earlier this month the House voted to stop the Iranian conflict, and the Senate was expected to stop it as well. But Wednesday night, the Senate backtracked and voted 50-47 against advancing the war powers resolution to Trump’s desk, according to NBC News. Trump would have then been forced to veto it, but this saves face for the president.

“Wow! The Senate just changed its vote on Iran from 50-48 against, to 50-47 for. Rand Paul and Bill Cassidy changed. Thank you to Leader John Thune, Lindsey Graham, Bernie Moreno, and all. This vote puts Iran on notice!” Trump wrote on Truth Social.

Image via Reuters

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AOC Says Reflecting Pool Is ‘Swamp’ Because GOP Doesn’t ‘Understand First Thing About Science’

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Rep. Alexandria Ocasio-Cortez (D-NY) said that the Lincoln Memorial Reflecting Pool has become a “swamp” because the GOP doesn’t understand science.

Ocasio-Cortez made the comments in response to journalist Pablo Manríquez, according to The Hill.

“I mean, when you defund science research, when you de — when you don’t really understand the first thing about science,” she said. “Yeah, they talked a bunch of smack, they said that they had to repaint the pool, and now they’ve turned the place into a swamp. They turned it to an actual swamp.”

READ MORE: Critics Torch Interior’s ‘Propaganda’ for Likening Reflecting Pool Algae to Iran’s Navy

President Donald Trump had often railed against the maintenance of the reflecting pool not being up to snuff, and recently renovated it. But instead of making the water beautiful and clear, the pool has turned solid green from algae blooms. The lining is pulling away and floating up, and this week, three dead ducks were found in the reflecting pool.

 

The deaths of the ducks have led some to speculate that there is blue-green algae in the pool, which is harmful to humans and animals, according to NewsweekHowever, aquatic ecology professor Rosalina Stancheva Christova took samples of the water last Tuesday, and determined the algae was a common green variety of the Desmodesmus genus, according to NPR. Desmodesmus is not toxic.

The algae may be harmless, but it is unsightly, particularly in a pool that’s supposed to be crystal clear as a mirror. Part of the issue is that the blue lining that replaced the old liner is too dark.

“The new, darker interior surface is going to absorb more sunlight,” specialist “Swimming Pool Steve” Goodale told NPR. “It is going to result in water that’s warmer, and that ultimately is going to lead to more prolific algae growth.”

The Department of the Interior said that the bloom was due to “residual algae” in the supply lines, according to CNN.

Just as it’s unknown currently what killed the ducks—if it was algae, natural causes or something entirely different—it’s not clear why the liner is peeling off, however some experts have ideas.

Science communicator “The Monarch Diaries,” explored what was perhaps happening in a thread on the social media platform Bluesky. This May, shortly after the renovation process started, they predicted that the lining—Rhino Pipeliner 5000—would be a perfect place to grow algae.

“They’re using Rhino Pipeliner 5000, which freezes as sprayed-on curds almost exactly as it hits the surface. Won’t flow out, flatten, and self-level like standard epoxy or paint would. Under standing water, the orange peel texture is a perfect scaffolding for algae, bacteria, and general bio scum,” they wrote.

They're using Rhino Pipeliner 5000, which freezes as sprayed-on curds almost exactly as it hits the surface. Won't flow out, flatten, and self-level like standard epoxy or paint would.Under standing water, the orange peel texture is a perfect scaffolding for algae, bacteria, and general bio scum

The Monarch Diaries (@monarchdiaries.bsky.social) 2026-05-20T05:15:26.286Z

In another post they accurately predicted that the liner would start peeling away, but they gave it 5 years rather than a month.

If Rhino Pipeliner 5000 (w custom flag blue tint) is indeed what they're applying, in around 5 years it'll be delaminating and peeling up in massive slimy sheets. So a perfect future metaphor for the Trump yearsinB4 capitol scum pond liner delamination

The Monarch Diaries (@monarchdiaries.bsky.social) 2026-05-20T05:44:55.270Z

The Monarch Diaries explains that Rhino Pipeliner 5000 is intended for use in pipes, as its name suggests. They say that it “shrinks 1-3% when curing”, perfect for pipes but not for a large pool.

“On a big slab, uh, no it will pull towards the center and delaminate from the substrate at the edges. Plus, applying directly to concrete is a problem. Long story short: Swiss cheese pinhole effect,” they said.

This shit shrinks 1-3% when curing, which in a pipe is exactly what you want. On a big slab, uh, no it will pull towards the center and delaminate from the substrate at the edges.Plus, applying directly to concrete is a problem. Long story short: Swiss cheese pinhole effect. Already flagged.

The Monarch Diaries (@monarchdiaries.bsky.social) 2026-05-20T05:26:44.551Z

In another thread, they explained that the coating needs to be resprayed within a 4-hour window or it won’t work—but they say that didn’t happen.

“Watching them work, here’s what they did: spray a section, let it sit for hours to days, then spray the next one feathering over the cured edge. This lands FAR outside the 4-hour application overlap window (worse in hot humid weather). The seams never got a chemical weld in the first place,” they wrote.

Watching them work, here's what they did: spray a section, let it sit for hours to days, then spray the next one feathering over the cured edge. This lands FAR outside the 4-hour application overlap window (worse in hot humid weather). The seams never got a chemical weld in the first place. 4/

The Monarch Diaries (@monarchdiaries.bsky.social) 2026-06-19T17:04:35.373Z

The entire thread is interesting and goes into the physics of what may be happening for those who are interested.

While there is a scientific explanation for what has happened, Trump claimed that the disaster that is the reflecting pool is because of vandals. Six people have been arrested for vandalism, but the government’s own documents show no evidence of vandalism, according to Rolling Stone.

Instead, the supposed “vandals” can be seen in video footage either touching the water or pieces of the plastic liner that have floated to the top of the reflecting pool. Trump has recently accused vandals of cutting the liner with a knife, despite saying the liner could not be cut last month when touting the then-upcoming renovation.

Image via Shutterstock

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