U.S. Supreme Court: Post-Ginsburg Edition

i did, but then angry mom lindsey graham came in and yelled at everyone to leave the good boy alone

uncle durbin should have chugged a beer and thrown a table

love that this clown will probably outlive me

Arsehole.

Justice Stephen Breyer — a Bill Clinton appointee who has served on the Supreme Court since 1994 — has chosen this moment to admonish liberals for failing to respect the rule of law.

He’s done so despite the fact that less than five months ago, a violent mob of former President Donald Trump’s supporters invaded the US Capitol in a vain attempt to keep Trump, who had just lost his bid for reelection, in office without an electoral mandate. In the months that followed, state-level Republicans loyal to Trump passed legislation that appears to serve no purpose other than to restrict voting. And now, Republican leaders are blocking a bipartisan investigation into the January 6 riots at the Capitol.

And yet, in the midst of what might be the greatest threat to liberal democracy in the United States since Jim Crow, Breyer warns that liberals are endangering the rule of law because a small minority of Democrats have suggested taking aggressive action to rein in the Supreme Court.

And Breyer is doing this at the same time that he’s urging Democrats to find common ground with a party that refuses to investigate an attack that endangered much of Congress.

In a book to be published this fall, Breyer warns the US will pay a heavy price if it does not show deference to the judiciary — and that even though the Supreme Court is now more conservative than at any point in the last three generations, it is a mistake to think any of his colleagues are rank partisans.

“A judge’s loyalty is to the rule of law,” Breyer writes, “not the political party that helped to secure his or her appointment.”

Breyer is trapped in a bubble into which political reality rarely intrudes itself.

7-2 gonna be wild af

bleak thread about asymmetry in how we make judges:

thankfully, this episode is over. but one outlet has identified the students who made the complaint & those students' future clerkships, which are notable for what they suggest about some asymmetries in the clerkship hiring process. https://t.co/s1AGPyt2iC

— Leah Litman (@LeahLitman) June 4, 2021

^it’s possible I missed it but I wonder if this bullshit or, say, Emily Wilder getting fired from the AP caused the same level of moral panic for the substack trolls or the serious minded centrists littering our esteemed op ed pages that they have on reserve for cAnCeL cuLtUrE

BREAKING: Supreme Court dismisses challenge to Obama-era health care law, preserving coverage for millions of Americans. https://t.co/lIwN9IeEGF

— The Associated Press (@AP) June 17, 2021

surprised Thomas and Coney Barrett joined the libs

Alito is displeased. https://t.co/UZjWJGoPc6 pic.twitter.com/0iTGN38sp4

— Mark Joseph Stern (@mjs_DC) June 17, 2021

any chance at restoring the penalty tax?

As somebody looking for ACA marketplace coverage for the first time, this ruling is a big relief. Our marketplace options are all pretty expensive to what we've been paying for cushy employer insurance, but manageable — and the coverage is pretty good.

pretty cool that it was 8-1 in favor of child slavery tho

i just checked neal katyal's twitter to see if he has commented. weird that he'd be tweeting about the ACA case but not the child slavery case he won. must be very busy.

but lol

Been so busy w/briefs I didn't realize @matsoR and @Jbrekkie both just released new records. Can't wait to listen. And @mountain_goats released like 3 records recorded in 1 month, slackers.

— Neal Katyal (@neal_katyal) June 17, 2021

#onethread

let's file some briefs and be alright

let's fill some briefs

Obama's Solicitor General out here doing work!

Yes We Can (have child slaves)

— Islamo-leftist (@EngelsFreddie) December 2, 2020

The Supreme Court's second decision of the day is in NCAA v. Alston. In an opinion by Gorsuch, the court *unanimously* upholds the district court's injunction against the NCAA based on "established anti-trust principles"! This is a big deal. https://t.co/JcdyRepr9l pic.twitter.com/FlEVHAZhTF

— Mark Joseph Stern (@mjs_DC) June 21, 2021

If only "established anti-trust principles" could be revived against US mega-corporations then we'd be getting somewhere.

why so anti-trust, we need MORE trust in America!!

Fortunately I read the part where Kav endorses collective bargaining before lunch

even a stopped clock etc etc

https://www.npr.org/2021/06/23/1001382019/supreme-court-rules-cheerleaders-f-bombs-are-protected-by-the-first-amendment

The union decision tho

I'm in Clarence Thomas's little home town, ask me anything!

have you considered changing your display name to Josh in Pin Point?

COFFIN FLOP

xpost Too late, already gone. it's a small town.

We're going to end up with a 7-2 court because the calendar of a liberal justice's book promotion tour made it more appealing for him to cultivate suspense around his retirement during the rare window of Dem governance... https://t.co/dmY2cOkD4X pic.twitter.com/h1LfxVQ4ss

— Taniel (@Taniel) August 27, 2021

just an old man thinkin' bout things

yes

The conservative Supreme Court justices argued that allowing the Biden eviction moratorium to remain could pave way for these kinds of outcomes pic.twitter.com/zsJ0rIryik

— Jeff Stein (@JStein_WaPo) August 30, 2021

Not the best day.

https://www.msnbc.com/msnbc/amp-video/mmvo119970885688

Supreme Court showing how destructive it can be by doing nothing.

What recourse is there if the court blatantly ignores constitutional infractions? Like, what if a state overturned, say, election results, with no legit legal basis, and the court just let that stand?

Like, what if a state overturned, say, election results, with no legit legal basis, and the court just let that stand?

I don't think we'll have to wait longer than say, a little over one or three years, to find out what happens.

I still think the court is going to rule on this. Not doing so kind of flies in the face of their gutting liberal priorities very slowly tactic that Roberts has implemented. But it’s also possible they don’t care anymore.

Roberts is the dude at the party who signals to his bros to clear the fridge of beer, then, when they've finished, approaches the host and says, smiling, "We cleaned the house. Need anything else?"

We get it, ok? The golden boy likes beer! They ALL liked beer!

So they do not, in fact, care anymore

BREAKING: By a 5–4 vote, with Roberts joining the liberals, the Supreme Court REFUSES to block Texas' six-week abortion ban.

Opinions here: https://t.co/elazEg3xdZ

— Mark Joseph Stern (@mjs_DC) September 2, 2021

It says legal challenges can continue. Anybody with a better understanding that can explain how that will work?

Fuck everyone who called us alarmists and hysterical. Fuck every single one of them.

A) half the states in the country are going to xerox the Texas law's language and enact it in their own states next week.
B) the floodgates are open...

My astonished rage cleared for a second and I realized that, according to this decision, states can pass all kinds of unconstitutional laws as long as they leave the enforcement to bounty hunters.
Jesus, we're back at the Kansas-Nebraska Act again.

— Charles P. Pierce (@CharlesPPierce) September 2, 2021

Woulda been cool if Ginsberg had retired before 2014.

Think Breyer will take a fuckin HINT now?

Depends on his book sales.

Sounds like the existing challenges will proceed in lower courts without the benefit of a temporary injunction. Which means eventually, maybe we get lucky and a federal court rules on the actual legality of the law and strikes it down, and SCOTUS either doesn't hear the appeal or concurs.

None of that is a given, but in the interim, millions of Texas women have lost the ability to get an abortion. Oklahoma already reporting an uptick in abortion patients from Texas.

But not everyone in Texas has that luxury.

A few thoughts from the point of view of Remedies law on the Supreme Court's 5-4 order tonight that has the effect of letting Texas ban all abortions after about six weeks of pregnancy: https://t.co/N9iROS9fqg /1

— Rick Hasen (@rickhasen) September 2, 2021

Good morning!