U.S. Supreme Court: Post-Ginsburg Edition

Karl, I agree that it would be legitimate to inquire whether Judge Barrett would defer to established precedent over her strongly held religious beliefs, but in reality that is a softball question, because as I said every SCOTUS decision will come with a formal constitutional justification, so she will always be able to plead that the constitutional argument was uppermost in her thinking. It's child's play to deflect such a question.

xpost man alive, i don't know. i guess. i understand the problems with asking about their religion. there's a reason that employers are not allowed to ask about religion in the job hiring process. i get that.

but if the position directly influences public policy, and the religion directly influences their thinking on public policy (like conservative christianity clearly do with barrett's opinions on abortion)...? why do religious people get a secret hiding zone where they can put ideas and policies that they don't want to be asked about, while non-religious people don't?

and again, to use the job hiring process analogy - i understand why someone's religion almost has zero bearing on their job. it doesn't matter what divine voices ACB thinks are guiding her when she's working at Autozone.

so that some extremist christians can continue to believe that God wants to banish abortion and gay marriage and point to her future decisions on the court as evidence of that

I confidently predict that nothing Barrett was likely to say in these hearings, regardless of the questions asked her, would even slightly affect their beliefs or deter them from pointing to any court decision they wish to laud as evidence of god's will.

yeah, 100% agreed on the pointlessness of asking those kinds of questions. deflect, deflect, deflect. vote. lifetime appointment. it doesn't matter.

The fact that it gets asked of some religions and not others is further evidence of the problem here. Extremist christians get a free pass.

What religions does it get asked of?

I mean the only question I think would be fair to ask would be "If the constitution or a statute as clearly worded conflicted with your religious belief, would you uphold the constitution/statute regardless?" Anything beyond that strikes me as baiting.

I'm also not saying it would make any difference in the process or ultimate outcome of her confirmation. The result would be in the minds of her christian supporters. They really do believe that she is God's chosen justice sent to right our wrongs and having her deflect, demure or outright deny that characterization would be a very good thing.

As I said above, the right tactic is putting the focus on the issues, how they are decided, and the effect of those decisions on the public. It makes little difference whether Barrett helps a conservative court to screw the public because of deeply held religious beliefs or because she is just deeply wrong-headed, like Gorsuch. The outcomes are what matter.

also I know this is a bit pedantic, but the Supreme Court lacks the power to banish abortion or gay marriage. All they can do is say whether it's constitutional or not for the federal or a state government to banish gay marriage or abortion. And you're not going to wind up with a federal gay marriage or abortion ban if decisions get overturned, you're going to wind up with states deciding whether they want to continue to recognize gay marriage/allow abortion. Which still would be very bad, but would not equate to "banishing abortion" or "banishing gay marriage." There's no question that a judge who is pro-life is going to be more inclined to say "leave it to the states" and a person who is pro-choice is going to be more inclined to say "don't leave it to the states." Same with gay marriage. I don't know what about Barrett's particular brand of catholicism makes the religious aspect more of interest than with a judge of any other religion - the only question is do you put your religion above the law or not. And they will say they don't, and as Aimless points out, may very well find a way to inject their religion into their decisions anyway. But there are, in fact, judges in this world who DON'T inject their religion into their decisions. There are pro-life judges who still abide by Roe v. Wade and its progeny.

and what Aimless said - the outcomes matter, not the religion. Maybe I am extra sensitive to this having seen a lot of wild theories about what my own religion supposedly says and dictates based on texts taken out of context and often mistranslated or misquoted. Religions are vast and complex and no one on this planet abides 100% literally by every word of every precept of their religion.

tbf "leaving it to the states" means "stripping right from tens of millions of people"

also I know this is a bit pedantic, but the Supreme Court lacks the power to banish abortion or gay marriage. All they can do is say whether it's constitutional or not for the federal or a state government to banish gay marriage or abortion. And you're not going to wind up with a federal gay marriage or abortion ban if decisions get overturned, you're going to wind up with states deciding whether they want to continue to recognize gay marriage/allow abortion. Which still would be very bad, but would not equate to "banishing abortion" or "banishing gay marriage."

so they can't banish it, but they can directly open up the door to a bunch of states who are clearly going to do it, as soon as they're allowed to do it. and they're the only ones who can open that door. i think that is a bit pedantic

xp

tbf to man alive it's a fair thing to point out, not as a "it's not THAT bad guys" (which m.a. wasn't saying) but pointing out it's actually way worse than an outright 'ban' in many ways because now you're giving 50 individual state governments the right to set 50 different sets of rules without federal protections for the act itself.

guessing many states that have been relatively pro-choice and relied on the Roe ruling would have to add legislation if they wanted to protect it for their state. and then there'd be criminalizing people who got it done out of state?

it's a nightmare I don't want to even think through

well

how much should I be panicking about the kavanaugh bush v. gore thing

^^ same question

I don't understand. He and Roberts worked on it.

oh they were ... on Bush's legal team. right.

kavanaugh citing/endorsing rehnquist's stance in the other big piece of supreme court news

with Bush v Gore, we have to remember this was actually the Bush campaign playing defense. Bush won the Florida vote on original count, Gore was the party that contested the results and wanted a manual recount, and SCOTUS halted it. Gore winning at SCOTUS unfortunately probably wouldn't have helped as Florida officials were working on selecting electors who would vote the way they felt the vote went, meaning they'd vote for Bush even if the recount found Gore the winner, which would tie more up in court.

In this scenario, Trump would be Gore, and from the looks of it, his move would probably be trying to file lawsuits in several swing states claiming the count from election night should be the prevailing count, a move essentially asking for the remove of legal ballots from the count, which is the opposite of what Gore argued. it's easier to prevail in SCOTUS in a federal election case if you're the party that won.

i get nerves re: SCOTUS, but they're already seated, and voting against Trump isn't going to put them in any kind of jeopardy - no SCOTUS justice has ever been impeached successfully. SCOTUS has sided with Trump on many cases, but that's because many of the conservative jurists are lunatics and probably would have voted the same way even pre-Trump. but some of the more ludicrous cases that have made it to SCOTUS, even the 5-4 conservative court bucked Trump.

i'm no longer going to say something won't happen because that's fruitless, but i'd rather focus on what we have control over at this point.

*justices

there are literally friends of mine now who seem to think all Trump has to do is say "I won, do u agree SCOTUS, how many EVs do you think I deserve?" and SCOTUS hold up cards with numbers on them like they're figure skating judges.

good article: https://slate.com/news-and-politics/2020/09/can-trump-supreme-court-decide-election.html

I'm one of the "discrete majorities" that a liberal Court would've protected under Footnote Four, but since Ginsberg's death I've been numb if not indifferent to the inevitability of Barrett's confirmation. Too close to election, I suppose.

xp -- that article is somewhat out of date; for instance, as of today, the "legal dispute over how long mail-in ballots will be counted for" in Wisconsin is no longer disputed but settled, and not in favor of voters

it's the most recent one I could find, especially considering how quickly the courts are moving through the barrage of state cases. I don't think its general thesis is out of date at all though

this one gets at what I had mentioned before: http://slate.com/news-and-politics/2020/10/barrett-election-bush-v-gore-vengeance.html

I think the fear for some people is less that the Court is going to wave a wand and overturn the results, but rather how much fuckery and voter disenfranchisement they will muster up in the next week and immediately after.

lol why is anybody worrying? she's got this, chill out

https://i.imgur.com/otf79gg.jpg

It doesn’t matter what this court does, this court is illegitimate.

If the Dems don’t pack this shit I’m going fucking tankie

this is a pretty grim night in US history. even if we all saw it coming and even if there are possible ways out of it, it is so fucking wrong and unfair and cruel that things came to this.

If the Dems don’t pack this shit I’m going fucking tankie

https://i.imgur.com/mw5dlee.png

Silence on my twitter timeline, pretty much. Had to go to newspapers to look at the confirmation headline.

It is literally the only thing people on my Twitter timeline are discussing, save from the Tory MP's big dinners

Ha, I bet it was the ghost of RBG that gave Bitch McConnell them purple hands! Yaaaaas Queen!

What do you mean I have to file a medical visa if I'm admitted to an out-of-state hospital?

Can’t wait for Breyer not to retire over the next four years and then President Tom Cotton gets to name his replacement

Can't wait for the first "Cotton eyes Joe" headline

BIDEN - It Beats Picking Cotton!

These dueling opinions from Kavanaugh and Kagan on mail-in ballots may be the most important story of the day:

Kavanaugh: late ballots could “flip the results of an election”

Kagan: “there are no results to ‘flip’ until all valid votes are counted”https://t.co/o4Ew6IEQ2C

— Ryan Lizza (@RyanLizza) October 27, 2020

Bush v. Gore was so weird and seemingly such an anomaly that I feel Dems rolled over partly out of a misplaced sense of honor and partly in shock. If this happened again in even more dramatic fashion in this current climate, I feel the SC might as well be voting to light the country on fire.

BIDEN - It Beats Picking Cotton!

xpost to be honest, this is the type of fuckery that I think is more likely to succeed in the Supreme Court. States basically successfully lobbying to discard late-received votes due to the bullshit narrative of it 'flipping' the election. Obviously Justice Kagan is correct but it won't matter as the conservative bloc will win this battle every time.

this unfortunately means we gotta do our shit and get our ballots back early and show up in person to vote if it looks like we're cutting it close. it's bullshit, it's unfair, but it's the only way to be sure that we exterminate the cockroach in the White House.

Kavanaugh's concurrence in the Wisconsin case is sloppy AF.

(A thread.)

— Tierney Sneed (@Tierney_Megan) October 27, 2020

So Barrett might not even be the most incompetent justice. This is fine.

ACB's opinions will also be sloppy, but mostly because of the stigmata blood dripping all over the pages

Does sloppy matter when they can do whatever the fuck they want?

I prefer fastidious fascism myself

Yeah, the more power they gain and hold, the less they need to pretend to care about correct jurisprudence