From Democracy Docket <[email protected]>
Subject Federal judges are fed up with SCOTUS
Date September 5, 2025 10:02 PM
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Lower court judges overseeing the avalanche of lawsuits against Trump’s power grab are increasingly voicing their frustrations with the Supreme Court’s gentle handling of the second Trump administration thus far.

Friday, September 5

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Missouri GOP gerrymander map advancing rapidly

- Missouri Republicans are rushing their mid-decade gerrymandering, with the House Rules–Legislative Committee voting ([link removed] ) 7-3 today to advance the GOP’s congressional map proposal.

- Last night, Missouri Republicans voted ([link removed] ) 10-4 in another committee to advance Gov. Mike Kehoe’s (R) map. If enacted, the map would dismantle Kansas City’s 5th District and lock in a 7-1 GOP majority in the House delegation.

Federal judges are fed up with SCOTUS

- Lower court judges overseeing the avalanche of lawsuits against President Donald Trump’s power grab are increasingly voicing ([link removed] ) their frustrations with the Supreme Court’s gentle handling of the second Trump administration thus far.

- Recently, judges have critiqued the high court for overturning lower court rulings while offering little to no legal explanation. The practice, judges have said, is unleashing uncertainty throughout the federal judiciary and hampering lower courts’ abilities to defend the rule of law.



Trump and his allies are laying the groundwork to undermine future elections. We’re tracking every legal move — state by state, case by case. Power this critical work with a premium membership today. ([link removed] )





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The most important election in 2025

- Trump wants his puppet to be the next governor of New Jersey, but Rep. Mikie Sherrill (D-N.J.), the Democratic candidate in the race, is fighting back. She sat down with Marc to discuss ([link removed] ) the importance of her election in November, the reason Republicans are falling in line, and why she doesn't think Trump is leaving office so easily.

AND NOW FOR THE GOOD NEWS

Federal court rules Trump illegally deployed military in California

- A federal judge ruled ([link removed] ) Trump’s deployment of the National Guard and Marines in Los Angeles violated the Posse Comitatus Act’s ban on using the military as a domestic police force. Although Trump has threatened to deploy the military in other Democratic-led places, the order, which is set to go into effect Sept. 12, blocks further use of troops in law enforcement operations in California, reaffirming limits on presidential power and protecting communities from unlawful militarization.

Fifth Circuit blocks Trump’s misuse of wartime law against immigrants

- A panel of the conservative Fifth Circuit rejected ([link removed] ) Trump’s attempt to invoke the Alien Enemies Act — an obscure 18th-century wartime law — to deport hundreds of Venezuelan immigrants without due process. The panel held that Trump’s claim of an “invasion” was baseless, marking the first appellate ruling against his sweeping use of the law.

Appeals court reinstates Democratic FTC commissioner

- The D.C. Circuit Court of Appeals dismissed ([link removed] ) Trump's bid to block Rebecca Slaughter’s return to the Federal Trade Commission (FTC), upholding a lower court ruling that her removal was unlawful. The court affirmed that presidents cannot fire FTC commissioners at will and dealt a blow to Trump’s efforts to purge independent agencies.

South Dakota court protects citizen-led ballot initiatives

- A federal judge struck down ([link removed] ) a South Dakota GOP attempt to make ballot measures harder by forcing campaigns to submit signatures nine months before an election. The court ruled the law unconstitutional, affirming petition drives are “core political speech” protected under the First Amendment.

South Carolina judge blocks release of voter data to Trump DOJ

- A state court stopped ([link removed] ) South Carolina from immediately handing over its entire voter database — including Social Security numbers and driver’s license information — to the U.S. Department of Justice. The order, issued in response to a voter’s lawsuit, for now protects millions of citizens’ private information from federal misuse while the case proceeds.

Judge allows lawsuit by Black Georgia voters for fair representation to move forward

- A federal judge denied ([link removed] ) the Houston County, Georgia Board of Elections’ bid to dismiss a lawsuit brought by Black voters challenging the county’s at-large method of electing commissioners under Section 2 of the Voting Rights Act. By affirming that private plaintiffs can enforce voting protections through an implied right of action or under Section 1983, the ruling ensures the case — and the fight for fair representation — will proceed.

Federal court restores Harvard’s research funding after Trump’s unlawful attacks

- A federal judge vacated ([link removed] ) Trump’s unlawful attempt to strip Harvard of over $2.2 billion in federal research grants, calling the cuts a retaliatory and unconstitutional assault. The ruling restores critical funding, protects academic freedom, and affirms that the government cannot weaponize federal dollars to punish dissent or coerce institutions into political compliance.

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