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Cake day: January 18th, 2025

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  • auraithx@lemmy.dbzer0.comtoMemes@lemmy.mlSlAvA uKrAiNI
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    10 days ago

    There’s no evidence there was a Nazi parliamentary groups committing mass murder. Which is why the UN court ordered Russia to halt its invasion and did not accept genocide claims against Ukraine when Russia used that narrative as a pretext.

    The war in Donbas began in 2014, long before the 2022 invasion, and by 31 December 2021 about 14,200 to 14,400 people had been killed, including at least 3,404 civilians; most civilian harm came in 2014 to 2015 and fell sharply after the Minsk ceasefire periods.

    Some Ukrainian volunteer units with far right members existed, most notably Azov and Aidar; credible groups documented serious abuses by certain fighters from these units in 2014, and they urged Kyiv to investigate and bring them under firm command. Those findings support claims of abuses, not a claim of large scale Nazi formations carrying out mass murder

    Kyiv moved to integrate volunteer battalions into formal structures and to prosecute rogues such as the Tornado unit; this shows problems were real, and also shows state action against them rather than official sponsorship of systematic killing of civilians.














  • The Court’s opinion specifically addressed whether multiple states could get broad nationwide relief without showing concrete harm for all non-plaintiffs.

    It sets a binding precedent that narrows when lower courts can issue nationwide injunctions.

    That means it does have general implications for all future injunctions

    Supreme Court opinions - even on the Shadow Docket - do have precedential effect, so lower courts will treat this as binding guidance on how to craft injunctions going forward.

    Jackson’s dissident seems pretty clear?

    JUSTICE JACKSON, dissenting. I agree with every word of JUSTICE SOTOMAYOR’s dissent. I write separately to emphasize a key conceptual point: The Court’s decision to permit the Executive to violate the Constitution with respect to anyone who has not yet sued is an existential threat to the rule of law.

    It is important to recognize that the Executive’s bid to vanquish so-called “universal injunctions” is, at bottom, a request for this Court’s permission to engage in unlawful behavior. When the Government says “do not allow the lower courts to enjoin executive action universally as a remedy for unconstitutional conduct,” what it is actually saying is that the Executive wants to continue doing something that a court has determined violates the Constitution—please allow this. That is some solicitation. With its ruling today, the majority largely grants the Government’s wish. But, in my view, if this country is going to persist as a Nation of laws and not men, the Judiciary has no choice but to deny it.

    Stated simply, what it means to have a system of government that is bounded by law is that everyone is constrained by the law, no exceptions. And for that to actually happen, courts must have the power to order everyone (including the Executive) to follow the law—full stop. To conclude otherwise is to endorse the creation of a zone of lawlessness within which the Executive has the prerogative to take or leave the law as it wishes, and where individuals who would otherwise be entitled to the law’s protection become subject to the Executive’s whims instead.

    The majority cannot deny that our Constitution was designed to split the powers of a monarch between the governing branches to protect the People. Nor is it debatable that the role of the Judiciary in our constitutional scheme is to ensure fidelity to law. But these core values are strangely absent from today’s decision. Focusing on inapt comparisons to impotent English tribunals, the majority ignores the Judiciary’s foundational duty to uphold the Constitution and laws of the United States. The majority’s ruling thus not only diverges from first principles, it is also profoundly dangerous, since it gives the Executive the go-ahead to sometimes wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate. The very institution our founding charter charges with the duty to ensure universal adherence to the law now requires judges to shrug and turn their backs to intermittent lawlessness. With deep disillusionment, I dissent.