U.S. Supreme Court: Post-Ginsburg Edition

Some historians in fact believe the point of the phrase “a well regulated militia” was added in to the second amendment so that White Southern states could use state militias to put down enslaved Black revolts. These White Southern politicians didn’t trust the federal government to protect their uh interest here.

ugh

fuck

eat shit and die you motherfuckers!!!

notice Thomas did not mention Loving.

well yeah, wouldn't want to make a decision that affects him personally

From the dissent:

"Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other."

"Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other." pic.twitter.com/mQ77HWhPp3

— southpaw (@nycsouthpaw) June 24, 2022

we're done pretending it's not the latter though, right?

sorry, idk who I'm even addressing :(

it's ok. think we're all just flustered and devastated right now :(

In a solo concurring opinion, Thomas says the court should reconsider rulings that protect contraception, same-sex relationships, and same-sex marriage.

It feels like we are under attack. I mean we are under attack.

Whatever its imperfections, the liberal order we have come to think of as American life in the late 20th/early 21st century is under full-blown assault.

if it feels like you're under attack as a straight CIS white man, then others are definitely under attack and have been since the beginning of this country

hi!

The court situation is not going to get better in the foreseeable future. We'd have to have a both Alito and Thomas die or retire under a democratic president for the current split to reverse, and if we get a republican president I'm guessing one or both retires so they can be replaced.

On abortion (and who knows what else), the fight is going to be at the state level. And that's not going to be easy, because the GOP have a better state-level apparatus, although my impression is Democrats have been improving theirs.

white evangelicals are not going to stop until either the rapture comes or they have created all the conditions they think must exist in order for the rapture to happen.

it's so fucking unbelievably dumb that no one ever believes it, or, i guess, knows what to do about that, since it's horrifying to believe that about 100 million people are actually like that.

sick of hearing about the 'conservative' majority... Roberts might be a conservative, the other four are radical activists

I'm surprised no one's jumped on the relish with which Thomas used "substantive due process" as if trying to pwn the libs. Like Clarence and the rest of the Sinister Six wouldn't have voted against maximum hours, minimum wages, child labor laws, the income tax, and the other Lochner-era decisions while citing "liberty of contract."

does anyone else remember a (late?) 80s-era propagandistic refrain to a lot of u.s. history lessons: " ... so if you really want to make a change, you should work from within the system." like i remember more than one of my primary teachers used that exact saying with regards to rbg or brown v boe or something. i thought it was weird then, but i was a weird child so shrug

anyway, yeah. what a load of indoctrinating bullshit that was.

seems like it was around the same time credit scores became a thing. fucken reagan. dunno how he does it, but that fucken rascal has just continued to fuck the country. even in his own death, until he fucks it *to* death. his policies were like an STD. so toxic it magnifies in severity with each new strain. cool fucken story, bro.

fuckin' Reagan

Getting Thomas on the record about why Loving is dIfFeRent would be mildly interesting. Wouldn't change shit, probably, but so far all I've seen is liberals posting this zing at one another.

I'm all for hearing less from Thomas, with the exception of a death rattle followed by ~flatline~

TBF, Loving can also stand under the Equal Protection clause. But then you'd have to accept Obergefell for the same reason. Roe and Griswold are not under the Equal Protection clause.

thomas' "originalist" explanation iirc is that the equal protection clause only applied in cases of race and ought not be applied to gender, sexuality, etc

TBF, Loving can also stand under the Equal Protection clause. But then you'd have to accept Obergefell for the same reason. Roe and Griswold are not under the Equal Protection clause.

― longtime caller, first time listener (man alive), Friday, June 24, 2022 6:02 PM (forty minutes ago) bookmarkflaglink

The decision is not based on even a shred of precedent or law, dude. They would outlaw one and then create an exception or doctrine for another. The result is all that matters anymore.

Roe and Griswold are not under the Equal Protection clause.

According to Ginsburg, Roe should have been. In hindsight, it's easy to say she's right. I can't tell you the number of troglodytes I've had try to inform me that "even RBG thought Roe was wrong." Sure, but not for the reasons you think, and you wouldn't understand the reasons even if I explained them to you.

they’ve mastered public relations and done a great job of snowing guileless liberal and centrist law dorks and media outlets but these federalist psychos gave up any kind of jurisprudential integrity decades ago.

According to Ginsburg, Roe should have been. In hindsight, it's easy to say she's right. I can't tell you the number of troglodytes I've had try to inform me that "even RBG thought Roe was wrong." Sure, but not for the reasons you think, and you wouldn't understand the reasons even if I explained them to you.

― immodesty blaise (jimbeaux), Friday, June 24, 2022 5:47 PM (sixteen minutes ago) bookmarkflaglink

That's not really just "hindsight" - I'm pretty sure it was common legal opinion at the time of the decision and it was something that we studied/discussed in law school like 12 years ago

anyway good idea for the next liberal court to consider in 20 years or whenever but for now the fight is in the states

I think that has been more of an ex post facto alternative developed to support the right. I don't think the majority thought it applied.

even though RBG did think that about Roe, she also knew that the job of SCOTUS justices was not to upset the balance of society, i.e., allowing it to stand because otherwise millions of women would lose a fundamental right.

even most conservative justices used to somewhat care about that, now they're ok winning Capture the Flag by spraying lethal poisonous chemicals all over the campsite.

She was definitely not in favor of overturning it, she just thought it could and should have been decided on a more solid constitutional basis.

Yep

oh yeah, for sure. No question.

People on my FB feed are posting RBG memes saying “I dissent!” or “Fight back!” or whatever, and it’s all I can do not to reply, “How about fucking retire when you have the chance?”

Was today's vote 6-3 or 5-4? Saw both reported

It was both — 6-3 to allow the Mississippi law (a ban after 15 weeks), but 5-4 to overturn Roe completely, which Robert’s was not up for. Hence the significance of RBG refusing to step down. With another Obama justice on the court, we’d be in a still-bad but not-as-bad situation.

(Autocorrect made Roberts possessive)

McConnell had some role as well, on something, if I remember correctly. I believe he killed rbg

Yeah, McConnell is the prime player for sure. But RBG had more power over this than almost any other person. (Even than Trump, because if she’d retired he wouldn’t have gotten to name her replacement.)

was kind of shocked to see via text from a friend (we volunteered for Abrams’ 2018 campaign) say the same today. I mean, she’s mad at a lot of people but her teeing off on RBG was noteworthy

thanks tipsy. couldn't get a clear summation on it earlier, but that makes sense.

RBG definitely has her share of blame for this. I've been wondering whether there's any larger benefit in pointing that out, and I guess the main thing is that it's a cautionary tale against a certain kind of liberal egotism/hubris/getting a little too high off your own supply.

liberal egotism is the worst

much worse than fascist criminality

I’d honestly forgotten about the RBG retirement thing in this whole mess today until it was mentioned elsewhere. Hell of a way to undo your legacy.

But yes fucking 100% in line with liberal “we got this” complacent arrogance of the time.

I mean it was kind of a combo of prizing individual heroes and narratives above structural power and also taking the superficial "principles" and "norms" a little too seriously instead of just paying lip service to them like we should be doing.

we basically left our future to gambling on when old fossils with robes will die