Sherrilyn Ifill, former president and director-counsel of the NAACP Legal Defense Fund, joins Chris Hayes to discuss the powerful appeals court that is fast-tracking right-wing rulings to the Supreme Court.
As surprising as it sounds, the Supreme Court isn’t the most right-wing court in the country. That label better applies to the 5th U.S. Circuit Court of Appeals, which has gone too far in some cases that have led to Supreme Court smackdowns. So it doubly stands out when a 5th Circuit judge goes further than his colleagues. That just happened in a dispute between Texas and the United States over the state’s installation of a floating barrier in the Rio Grande.
” And here’s where we get to the circuit judge who went further than his colleagues: James Ho, also a Trump appointee. The former Clarence Thomas clerk deemed it necessary to address the invasion question and he agreed with Texas, writing that the case “presents a strategic military decision directed toward a foreign enemy within the State’s authority” and that because the state’s claim presents a “political question” that courts can’t review, the case should be dismissed.
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