U.S. Supreme Court: Post-Ginsburg Edition

Have at it.

I nominate AOC

i nominate tom cotton, a good guy with a gun

get in here, goons

Can Trump nominate himself?

and continuing the SCOTUS term limit discussion, reposting the explainer
https://fixthecourt.com/2019/11/myth-facts-scotus-term-limits/

https://www.texastribune.org/2020/09/09/ted-cruz-supreme-court-donald-trump/

No idea if these proposed changes are ideal or if they could ever plausibly come to pass, but I like that they are being put out there. It's a good step to start getting people used to the idea of major changes to the court.

Bryant Johnson, Ruth Bader Ginsburg’s personal trainer, does push-ups as Justice Ginsburg lies in state in the U.S. Capitol.

Full video: https://t.co/vri1sJcUV6 pic.twitter.com/C11uVFeQlQ

— CSPAN (@cspan) September 25, 2020

He isn’t stupid so wtf is he thinking https://t.co/uyEcGDZRIy

— Doug Henwood (@DougHenwood) September 25, 2020

I'm very sorry but if the pushup video is real it's extremely funny

CNN reporting that it's Barrett:
https://www.cnn.com/2020/09/25/politics/donald-trump-amy-coney-barrett-supreme-court/index.html

South Bend is really knocking it out of the park this year.

Whoever Trump was going to pick was going to be a horror story, so I expect soon to be reading about the many horrors of Ms. Barrett, which no doubt will be many and hair-raising. Lindsey Graham will love her.

democrats will have grave concerns and strongly worded appeals to decency

democratic fundraising will go through the roof, blood will boil, the election will be won (eventually) by democrats. and at the end, it'll be a 6-3 conservative court for the forseeable future, and possible a 5-4 majority for another 20-30 years, unless the golden boy or gorsuch unexpectedly croak, which would be a tragedy

those are impressive lifespans you're projecting for thomas and alito imo

They get magic life drugs injected in their butts

haha, well it also builds in known unknowns, like republicans preserving a seat in a future GOP presidency. let's role play it

2020 (the present. you are in hell)
barrett is confirmed before election. fuck you liberals
6-3 conservative majority

roberts is 65
thomas is 72
alito is 70
gorsuch is 53
the golden boy is 55
barrett is 48

breyer is 82
sotomayor is 66
kagan is 60

2021 (biden is elected. you are in tartarus)
biden wins. breyer tags out for a younger replacement. i will create SC justice names using this thread Fighting Baseball for Super Famicom: A League of Fake Americans POLL
6-3 conservative majority

roberts is 66
thomas is 73
alito is 71
gorsuch is 54
the golden boy is 56
barrett is 49

sotomayor is 67
kagan is 61
willie dustice is 50

EVENT
2024 election. The democrat has a 70% chance of victory (same as clinton v trump), due to me running this simulation. RNG: no joke, i rolled a random number from 1 to 10, with 1-7 being democratic victory and 8-10 being republican, and i rolled an 8. REPUBLICANS WIN

2025 (tom cotton is the president of the united states. you have killed 2 people now and haven't talked in weeks.)
tom cotton casts Executive Righteousness on thomas, 77 years old, who is replaced by Sleve McDichael
6-3 conservative majority

roberts is 70
alito is 75
the golden boy is 60
barrett is 53
sleve mcdichael is 50

sotomayor is 71
kagan is 65
gorsuch is 58
willie dustice is 54

EVENT
World War III, totally started by tom cotton. 2028 election. The democrat has a 80% chance of victory, due to me running this simulation. RNG: 3, democratic victory

2029 (first influencers on mars)
AOC is the president of the united states of america, fuck yeah. sotomayor, the second oldest justice at 75, taps out. bobsun dugnutt is the new junior united states supreme court justice.
6-3 conservative majority

roberts is 74
alito is 79
gorsuch is 62
the golden boy is 64
barrett is 57
sleve mcdichael is 54

kagan is 69
willie dustice is 58
bobsun dognutt is 50

EVENT
in 2031, the golden boy brett kavanaugh, just 66 years old, FUCKING DIES OUT OF NOWHERE and it's REALLY EMBARRASSING FOR HIM

2031 (VR sex surpasses videogames in revenue generation)
brett kavanaugh fucking dies out of nowhere, best thing that's happened in a generation. president AOC appoints a justice so left-leaning that she's impeached by sergeant ivanka trump, leader of the paramilitary republican subcommittee known as Gold Team. Onson Sweemey, the first justice with a normal name in 11 years, takes the golden boy's spot and shifts the balance toward a near-balance.

5-4 conservative majority

roberts is 76
alito is 81
gorsuch is 64
barrett is 59
sleve mcdichael is 56

kagan is 71
willie dustice is 60
bobsun dognutt is 52
onson sweemey is 50

EVENT
2032 Election. there's no more random numbers, it's just me making it up. the democrats win again. AOC is on the wheaties box.

then, near the end of her second term, the unspeakable happens. Samuel Alito, at the age of 85, just fucking dies out of nowhere.
2035
some observers expect the krang-like brain of mitch mcconnell to somehow delay a democratic confirmation in his spot, but AOC casts total victory and again appoints an extremely-left greatest of time justice named Todd Bonzalez.
5-4 liberal majority

roberts is 80
gorsuch is 68
barrett is 63
sleve mcdichael is 60

kagan is 75
willie dustice is 64
bobsun dognutt is 56
onson sweemey is 54
todd bonzalez is 50

EVENT
2036 Election. it's been 8 years of supreme relaxation and greatness. even gum is genuinely _better_. everything's great. something has to change, so somehow it's time for PRESIDENT CHARLIE KIRK

2037
under PRESIDENT CHARLIE KIRK, roberts immediately resigns. the new chief justice of the united states is SCOTT DOURQUE, 50 years old, catholic conservative
5-4 liberal majority

chief justice scott dourque, 50
gorsuch is 70
barrett is 65
sleve mcdichael is 62

kagan is 77
willie dustice is 66
bobsun dognutt is 58
onson sweemey is 56
todd bonzalez is 52

I actually think that’s not a terrible way of gaming things out. The arc of the moral universe is long. We fight the fights that we have today, and we train our young folks. Good post KM.

DOGNUTT

https://res.cloudinary.com/teepublic/image/private/s--QTcxwhPT--/t_Preview/b_rgb:ffffff,c_limit,f_jpg,h_630,q_90,w_630/v1495739359/production/designs/1624926_1.jpg

in 2031, the golden boy brett kavanaugh, just 66 years old, FUCKING DIES OUT OF NOWHERE and it's REALLY EMBARRASSING FOR HIM

whoa how did he die?!

Shot by one of Dick Cheney's grandkids

Karl, that was perfect (ly horrifying).

Shot by one of Dick Cheney's grandkids

― LaRusso Auto (Neanderthal), Friday, September 25, 2020 6:49 PM (four minutes ago) bookmarkflaglink

At a UB40 reunion concert

in 2031, the golden boy brett kavanaugh, just 66 years old, FUCKING DIES OUT OF NOWHERE and it's REALLY EMBARRASSING FOR HIM

whoa how did he die?!

he dies of doing a kegstand in the kitchen of amy klobuchar's wake

karl this is some excellent scenario running and first rate use of the Fighting Baseball thread and i applaud it

i have a rejoinder percolating but it may take a while to get around to crunching the hard numbers so i just wanted to say that for now

_in 2031, the golden boy brett kavanaugh, just 66 years old, FUCKING DIES OUT OF NOWHERE and it's REALLY EMBARRASSING FOR HIM_

whoa how did he die?!

xp thanks doctor c! your questioning of that was really valid, and i don't think my answer is any sort of proof of anything. i got lazy and didn't project it out to 2045 (my original goal), but even though i ended with a slim 5-4 liberal majority by 2037, i don't think it takes much to keep it at a 5-4 conservative majority either. then again, maybe the republicans will truly never win again (lol) and it will be 6-3 liberal by 2040, who knows

So we get 40 some years of this...from an article Barrett co-wrote as quoted by SCOTUS blog

The article also noted that, when the late Justice William Brennan was asked about potential conflict between his Catholic faith and his duties as a justice, he responded that he would be governed by “the oath I took to support the Constitution and laws of the United States”; Barrett and Garvey observed that they did not “defend this position as the proper response for a Catholic judge to take with respect to abortion or the death penalty.”

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Can't wait for her book, "Jesus is the Speaker of MY House"

@ Karl - okay! you've already gotten there, but yeah basically my rejoinder would be that you didn't actually end up showing "a 6-3 conservative court for the forseeable future, and possible a 5-4 majority for another 20-30 years." but the scenario was worth it anyway. a quibble: you don't game out the Senate, which i respect because that would be even more absurd fanfic work, but it's worth allowing at least dice-roll possibilities that the Dems control the Senate during your Republican admins, AND that they stand firm against prematurely ghoulish ideologues like Sleve McDichael, whose pasty-faced appearance and hot-mic comments during the nominations process turn the public against him. i would not put money on that chance myself, but it's at least possible.

also though, a fair bit hinges on that first d10 roll and some choices about the EVENTS - suppose Biden rolls a 6 in 2024, and is re-elected to a foggy but popular second term, his "Reagan in the late 80s" zone, AND ALSO that during that term, Thomas has a health scare and decides to retire. i don't know that the odds are so heavily stacked against something like that.

obviously in that event, Biden's replacement pick would be the mushy, not-all-that liberal Rey McSriff (48), a former bank-industry lobbyist, seen as a move back in the direction of racial and gender diversity on the court who will at least be a reliable liberal vote in civil-rights and abortion cases.

so in january 2029, we've got:

roberts is 74
alito is 79
gorsuch is 62
the golden boy is 64
barrett is 57

kagan is 69
willie dustice is 58
bobsun dognutt is 50
rey mcsriff is 50

eight years of the biden administration have left many festering wounds unaddressed, but thankfully the republican "gold team" have been mostly braying in the margins without control of either congress or the executive to formally empower them. on the other hand, in the absence of the Cotton presidency, World War III has not happened, but let's say AOC wins in 2028 anyway. why not?!

thus, following B.K.'s horrible death in 2031, AOC's super left-wing appointee is able to remain in office. you didn't name them but it's pretty obvious you had Shown Furcotte in mind. maybe kagan is worried enough about the next election, and spooked by what is by then a Sunday-morning-show conventional wisdom about "the Tragedy of Ginsburg," that she retires too. by this point AOC is not fucking around at all and appoints millennial twitter SJW Raul Chamgerlain, 44. if AOC goes on to win a second term and also grabs the Alito seat, then in 2035 we have:

roberts is 80
gorsuch is 68
barrett is 63

raul chamgerlain is 49
willie dustice is 64
bobsun dognutt is 56
rey mcscriff is 56
shown furcotte is 53
todd bonzalez is 50

... and our biggest problem is that sometimes McSriff aligns with the conservatives to dissent in 5-4 corporate-law decisions, and we see a lot of online left grousing about how Biden wasted a pick on her.

now yes, i admit........... this depends on the democrats winning four straight national elections. IMPOSSIBLE you say? or merely... improbable???! depends how much faith you put in changing demographics etc. but if none of the Dem-appointed justices die in office, they can also afford to lose one of those elections! because it might be that the Republicans can only replace Thomas or Alito with McDichael or Dorque, giving them an edge in age but not a leg up in the balance of the court.

todd bonzalez makes history as the first male latino justice

is there a relevant quote linking Barrett's sect to The Handmaid's Tale?

there must be. ominous lord, truth is stranger than fiction

xp

doc casino, first of all, obviously i had Shown Furcotte in mind. but secondly, the rest of your scenario seems plausible!

obviously gaming it out like that is a goof, but i did actually learn a few things. or maybe not. i feel like just laying out their ages, combined with the fact that they have lifetime appointments, explains 99% of the game:

christmas near-future:

roberts is 65
thomas is 72
alito is 70
gorsuch is 53
the golden boy is 55
barrett is 48

breyer is 82
sotomayor is 66
kagan is 60

that there is a stacked deck, combined with republican weakness (in terms of what we might expect, possibly overoptimistically, from their presidential chances for the next few decades after elevating a white supremacist fascist to the presidency and then ripping the country to shreds in an attempt to keep him there). even with a couple 2-term democratic administrations in a row, through 2036, there is still a decent chance that at least 5 or even all 6 of the conservative majority stays right where they are, their ass-molds worn deep

in unrelated news, just before i fell asleep face down on the couch last night, i ran across a disturbing headline about increasing the maximum human lifespans beyond its current soft limit of 125. apparently the consensus is that it will soon (10 years?) be possible to extend human lifespans using genetic modifiers, physical devices, and secret codes. https://en.wikipedia.org/wiki/Life_extension jfc

agreed, it's a useful exercise to grasp exactly how much the age advantage of the GWB and DJT appointees presses on into the future. but also, focusing too much on that just takes us into a zone of gloom, so unless it's directly useful for motivating present-day action and the long-term fight, i think it's also useful to bear in mind all the ways that the scenario could suddenly break down. nobody saw Scalia's death coming, for example, even though he was 79. that ended up working out horribly for the cause of justice and freedom, but it could have gone differently. so long as our rights are subject to these bizarre matters of fate and circumstance, we may as well remind ourselves that there are ways the probabilistic parts could break our way.

and the stacked deck there does look better the moment Biden can replace Breyer, which i think we all do need to be praying for (or whatever equivalent practice).

and... all these scenarios also presume a successful barrett confirmation. tbh, i'm pretty doom-and-gloom about that, seems like there's no reason to think it won't happen. but it's still probably not good for my head to already accept her as a solid number until 2049 or w/e. like if i'm driving myself crazy with all the bad things that have already happened, and the ones that could probably happen, and the ones that are near-certainties, that's a lot to do to my head, if i'm not also considering the good equivalents of all of those things.

there's also some non-zero chance that, in the event that a Democrat wins the presidential race four times in a row and this permanent 5-4 Court keeps shutting down every exciting thing the people are turning out to vote for, then a mandate for court-packing develops much much more quickly than we might expect right now.

so long as our rights are subject to these bizarre matters of fate and circumstance, we may as well remind ourselves that there are ways the probabilistic parts could break our way.

otm

i know that's not a convincing or comforting thought for everyone, but to me that really is what gives me hope

NEW: Senate Democrats say they will press President Trump’s SCOTUS nominee to commit to recuse herself if the justices hear a case that could impact the outcome of the fall elections, @mkraju reports.

— Ana Cabrera (@AnaCabrera) September 25, 2020

That seems a little dumb

I mean it makes sense but they'd still have a 5-3 advantage anyway

"Will you commit to not doing the exact thing you were hired for" is a dumb question

and... all these scenarios also presume a successful barrett confirmation. tbh, i'm pretty doom-and-gloom about that, seems like there's no reason to think it won't happen

i will continue to return to my dumb "we simulate the future and then experience it in real time, somehow diminished, as something that was already familiar" theory, until someone or something convinces me that it's not accurate. in that line of thinking, you can already see the barrett confirmation and how it happens. i already saw a headline, last night, talking about how barrett was confirmed in October. i looked at the calendar and it was september 25th, then re-read the headline and it still said that she was confirmed in October, past tense. i can't remember where i saw it, and i had a socially distanced hangout with a friend last night and got way too drunk. but still, it was there all the same.

that was just a drunken horror, but i woke up today and it's still there. the republicans have the votes. 2 have been allowed to deviate (murkowski and collins), which just so happens to allow exactly enough remaining republicans to unilaterally install barrett. what a coincidence. this outcome has already been focus-grouped on a national scale - it turns out that most republicans think it's a great idea, most democrats think it's a bad idea, and the majority of "independents" think it's a bad idea. it sounds like most ideas these days. so they'll do it, because they can.

we're currently simulating the outraged response, right now. at least, i am. and then, when it happens, it won't be the first time.

---

^i think all of that is a very bad way to go about thinking about life, believe it or not. but that's what i see happening over and over, lately.

xpost they're not asking her to not be a justice, they're saying 'Hey, you were literally just nominated by one of the President candidates in this election 5 minutes before the election, maybe it's a conflict of interest for you ruling on a case challenging his results".

But this is the primary reason they are in such a rush. If she can't guarantee to hand over the election, it's pointless for Trump. Surely he already told her she needs to deliver that vote, or there would be a different pick.

lol of course it's not going to actually happen but would you rather the Democrats not try it first so that they can frame it as "Justice Coney Barrett refused to recuse, she and Trump win, while Americans lose!"

I mean, compared to other things they should be trying, this is VERY low on my list of importance and I wouldn't want it to take the place of promising to pack the fuck out of courts, but we're kinda fucked unless someone has a McCain surprise during the vote.

Justice Sotomayor—joined by Justices Kagan and Jackson—dissent from the court's refusal to take up a case in which a racist jury sentenced a Black man to death. They would summarily reverse the 5th Circuit's decision upholding the capital sentence. https://t.co/iKR2eMfoUU pic.twitter.com/KMJfHMOHoD

— Mark Joseph Stern (@mjs_DC) October 11, 2022

Is this 2022 or 1942?

Progress is illusory. It's the same shit, different day.

dog whistles at deafening levels and people still pretending they can't hear

foghorn

there is no longer a need for a voting rights act because racism ended in the late 60s

if you walked around Florida saying that, you'd be corrected by many people that informed you that actually racism still exists but it's against white people now. and each person that responded that would be carrying a shotgun

basically white people need reparations

New: Justice Barrett rejects request without bothering to ask for response or refer to full court. She gave no explanation. https://t.co/MYVa9Jsvon

— Greg Stohr (@GregStohr) October 20, 2022

The fact that the plaintiff states CHOOSE not to tax student debt relief as income does not give them standing to sue. They could redress the alleged harm by changing their laws. A bit sad that the court even had to explain this. https://t.co/4ToEnjPJrf pic.twitter.com/sr7F2PvxKz

— Mark Joseph Stern (@mjs_DC) October 20, 2022

BREAKING: Justice Clarence Thomas, acting unilaterally, issues a "shadow docket" ruling for Sen. Lindsey Graham, agreeing to temporarily halt Graham from testifying in probe of pro-Trump election interference in Georgia

— John Kruzel (@johnkruzel) October 24, 2022

To be clear, Justice Thomas issued an “administrative stay,” which blocks the Eleventh Circuit ruling only temporarily while the full Court decides whether to block it pending appeal.

Such a ruling is *not* predictive of how the full Court (or even Thomas) will vote on the stay. https://t.co/CSrBaDg9JP

— Steve Vladeck (@steve_vladeck) October 24, 2022

What a piece of shit

so then, you're saying he hasn't changed at all over these several decades? seems correct.

https://www.cbsnews.com/news/alito-supreme-court-abortion-opinion-leak-targets-for-assassination/

Whatever, Alito, you asshole.

Chances of a SCOTUS justice being killed in an assassination still much lower than a SCOTUS justice being killed in a mass shooting twiw

It fucking rules that these people got everything they’ve been fighting for for their entire legal careers, and have now pivoted to complaining that people aren’t sufficiently respectful of them as a result https://t.co/UFHSyuKrkG pic.twitter.com/beTfDipBJE

— Jay Willis (@jaywillis) October 26, 2022

Alito is like a medieval conqueror, drinking wine from the skulls of his defeated enemies while his mind turns toward plots to overthrow him.

He's 100% right, it goes to character. The current Court is full of bad actors, of whom Alito and Thomas are only the most obvious examples.

Hope Alito chokes on a ham sandwich.

"It's not the bad shit we're doing, it's the *leaking* of the bad shit that's bad" is such a typical conservative take.

"can you explain these pictures of you torturing prisoners?"

"can you explain your violating my privacy?"

https://www.huffpost.com/entry/justice-alito-leaked-hobby-lobby-decision-contraception-2014-report_n_6378e896e4b0f04daf537b65

ClaudeRains.jpg

“We were invited to use seats from Nino and Sam,” she had written to Mr. Schenck days earlier, using nicknames for the justices. “Wow!”

From NY Times article on Alito and Hobby Lobby 2014 release :

Mr. Schenck recruited wealthy donors like Mrs. Wright and her husband, Donald, encouraging them to invite some of the justices to meals, to their vacation homes or to private clubs. He advised allies to contribute money to the Supreme Court Historical Society and then mingle with justices at its functions. He ingratiated himself with court officials who could help give him access, records show.

All the while, he leveraged his connections to raise money for his nonprofit, Faith and Action. Mr. Schenck said he pursued the Hobby Lobby information to cultivate the business’s president, Steve Green, as a donor.

Does Alito denial statement unfortunately make this a one day story for mainstream media and even for Senate Dems? Seems worthy of more investigation and coverage

Could a larger issue be the trust placed in Supreme Court Justices to decide their conflicts of interest? To me it seems like an egregious violation of trust. (No wonder Roberts hates Alito -- suspicion only!)

(How did Hobby Lobby get its name?(!))

They’re not going to allow ethic rules to apply to themselves.

at a certain level some people are so inherently moral and self-limiting that suspicion beyond self-suspicion is unnecessary. and improper really, right? riiiight.

Conservative majority up to no good in another way-

https://www.nytimes.com/2022/11/29/opinion/supreme-court-decisions-vacated.html

The Supreme Court is increasingly setting aside legally significant decisions from the lower courts as if they had never happened, invalidating them in brief procedural orders. The pace of these actions has increased in the past 22 months, neutralizing important civil rights and civil liberties decisions.

Reasoned opinions by the federal appeals courts on issues ranging from voting rights to Donald Trump’s border wall have been wiped from the books, leaving no precedent for the lower federal courts to follow. Legally, it is as if these decisions by the appeals courts, one rung below the Supreme Court, had never existed. The Supreme Court’s final, unilateral exercises of power in these cases have gone largely unreported.....

The Supreme Court is increasingly setting aside legally significant decisions from the lower courts as if they had never happened, invalidating them in brief procedural orders. The pace of these actions has increased in the past 22 months, neutralizing important civil rights and civil liberties decisions.

Reasoned opinions by the federal appeals courts on issues ranging from voting rights to Donald Trump’s border wall have been wiped from the books, leaving no precedent for the lower federal courts to follow. Legally, it is as if these decisions by the appeals courts, one rung below the Supreme Court, had never existed. The Supreme Court’s final, unilateral exercises of power in these cases have gone largely unreported....

,,,In 12 of the 13 lower court rulings vacated by the justices in the past 22 months, the court erased decisions that seemed to align with progressive values and objectives...

This court is the main reason I take little heart in the passing of the Respect for Marriage Act

Yep, the majority just invent their own rules. And then they have their lawyer stonewall questions from Congress on things like the Alito Hobby Lobby matter

https://news.yahoo.com/supreme-court-stonewalls-defense-samuel-010255406.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAFSvzIM6fx3gYLhH1pvNRvnmrqnWSqdLHNqfWZdtOBCXlpbB6Jsy7QZf0Zo8sY5PPA7-UsQO9XjADxvlr8EAq4X-P1Jt6LTLHZj8-6FCFtL-5GztBfSuxPuC2yvFvKdE2Ucrc3DUyPjj9oW0lfqdTHmZKspLOD4RuLgAFOjHBI9s

Torrey did not answer any of Whitehouse and Johnson’s questions regarding ongoing or potential ethics inquiries into the court’s leaked draft opinion overturning Roe v. Wade, or into Alito’s alleged leak of the Hobby Lobby outcome. Nor did he say which justices received gifts as part of the religious right pressure campaign.

Torrey instead takes the tone of a defense counsel stonewalling an investigative body.

“There is nothing to suggest that Justice Alito’s actions violated ethical standards,” he wrote.

Torrey’s letter simply restates Alito’s denial of the alleged leak, saying that The New York Times report that the conservative justice leaked the Hobby Lobby outcome to Donald and Gail Wright, two supporters of Faith & Action remained “uncorroborated.” He goes on to say that Alito did not violate ethics rules in accepting meals and lodging from the Wrights because the couple “never had a financial interest in a matter before the Court.”

When lawyers call this Supreme Court lawless, this is what we mean. They're hearing oral argument on a case seeking an advisory opinion... something we all agreed they couldn't do in the 1790s. https://t.co/sqGa2NCclq

— Joe Patrice (@JosephPatrice) December 5, 2022

Dud

Today Wednesday this evil nonsensical theory gets discussed in a gerrymandering case

At the center of their case is a controversial legal concept called the "independent state legislature theory," which contends that state legislators alone have the power to govern federal elections unencumbered by traditional oversight from state constitutions, courts and governors.
The concept, if embraced by the justices in its most extreme application, could upend election laws across the country, experts previously told ABC News -- all before the 2024 presidential election.

I think we know how this, and all future ones, end

Fully expecting another half dozen cases in the next 2 years or so reiterating that, yes, Christians can tell gay people exactly how to go to hell

well they are the experts

Justice Jackson can barely contain her rage.

Kinda hope she doesn't

This dude making the independent state legislature keeps redefining "procedural" vs "substantive" and it's got the three lib justices in a lather. Sotomayor has been A+.

He's also a jerk. He refers to "my friends on the other side" with barely suppressed contempt like a small town defense attorney.

I'm not listening because Armond's take on S&S was quite enough for me this morning

The arguments in Moore v. Harper did not go as terribly as I had feared. Clearly, there are three votes for a maximalist version of the "independent state legislature" theory (Thomas, Alito, Gorsuch) and one vote for SOME version of it (Kavanaugh). Barrett sounded skeptical.

— Mark Joseph Stern (@mjs_DC) December 7, 2022

Yeah, Barrett and Kav sounded at best on the fence. It didn't help that Robertson was just awful.

these cases that threaten to completely upend a major part of the legal framework seem to be a red line that Robert and Barrett don't want to touch, hopefully that's the case here

Katya, wow, was fantastic. I'd never heard him in oral argument; I know him from his boring cable show appearances. He had the facts on hand, was crisp, and wasted no time. Several times he exasperated Gorsuch and Alito, who were reduced to impatient "Fine, fine"s.