"The Constitution places exclusive political power in the hands of the wealthy and codifies the existing social hierarchy. That’s elites at the top, followed by white propertied men (land and slaves), then other white men, then women and children with few legal rights, and then slaves and the indigenous with no rights at all. Worth contemplating when Supreme Court Justices position themselves as “originalist” thinkers in constitutional matters. More worrying is that a good part of the country could live with this."
On Wednesday, Justice Barrett dealt the chief justice a body blow. She cast the decisive vote in a 5-to-4 ruling that rejected restrictions on religious services in New York imposed by Gov. Andrew M. Cuomo to combat the coronavirus, shoving the chief justice into dissent with the courtâs three remaining liberals. It was one of six opinions the court issued on Wednesday, spanning 33 pages and opening a window on a court in turmoil.
The ruling was at odds with earlier ones in cases from California and Nevada issued before Justice Ginsburgâs death in September. Those decisions upheld restrictions on church services by 5-to-4 votes, with Chief Justice Roberts in the majority. The New York decision said that Mr. Cuomoâs strict virus limits â capping attendance at religious services at 10 people in âred zonesâ where risk was highest, and at 25 in slightly less dangerous âorange zonesâ â violated the First Amendmentâs protection of the free exercise of religion.
Wednesdayâs ruling was almost certainly a taste of things to come. While Justice Ginsburg was alive, Chief Justice Roberts voted with the courtâs four-member liberal wing in cases striking down a restrictive Louisiana abortion law, blocking a Trump administration initiative that would have rolled back protections for young immigrants known as Dreamers, refusing to allow a question on citizenship to be added to the census and saving the Affordable Care Act.
Strange times indeed - 3 for 3 on 'liberal' issues having 'conservative' crossover for decisions.
Trump's hubris for acting like the Judiciary and Congress are there to 'serve' him has brought out the territorial power egos from both branches. Roberts is letting him know he doesn't 'own' them. McConnell is chafing under Trump's self inflicted political damage and increasingly endangering the lives on Capitol Hill with reckless rallies. The last 48 hours have seen both McConnell (who has stayed quiet on the issue) and Pence suddenly advocating the wearing of masks.
This 5-4 decision falls even further into the thin-reed category given the circumstances. In 2016, the Supreme Court struck down a very similar Texas law by a 5-4 vote. Roberts was in the minority in that case. His reasoning for switching in this case is solely based on adherence to stare decisis (precedent). He apparently still believes the 2016 case was wrongly decided.
So in thinking about all the recent Roberts decisions, I can't help but wonder (especially after today's ruling)....
A) He knows Trump should have been booted in January/February, and
B) He is going to do his best to leave things as they are until we have another election
He definitely seems to be focusing on the long game, and he can't really like what's going on in DC. Sure, he's supposed to be apolitical....but his life is about the determination of right and wrong.
Yeah, but his Court has already done so much damage, the recent rulings barely make a dent. c.
This 5-4 decision falls even further into the thin-reed category given the circumstances. In 2016, the Supreme Court struck down a very similar Texas law by a 5-4 vote. Roberts was in the minority in that case. His reasoning for switching in this case is solely based on adherence to stare decisis (precedent). He apparently still believes the 2016 case was wrongly decided.
Don't discount that his 2nd Amendment reference is a dog-whistle to his armed militia of supporters. I would not be surprised if a bunch of those proud boys show up in Tulsa to "protect the rally" or some such nonsense.
Show up? They're already camped out with flags, and tents, and chairs.... just no masks
Don't discount that his 2nd Amendment reference is a dog-whistle to his armed militia of supporters. I would not be surprised if a bunch of those proud boys show up in Tulsa to "protect the rally" or some such nonsense.
Show up? They're already camped out with flags, and tents, and chairs.... just no masks
Trump tweet, below, from a little bit ago. Who is trying to politicize the Supreme Court? I think we know the answer to that.
âThese horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!â
Hmm, a Dick Cheney-inspired gun metaphor. There's a Conservative-majority court and he still desperately clings to the fear-mongering tactic that the 2nd Amendment will be revoked.
Don't discount that his 2nd Amendment reference is a dog-whistle to his armed militia of supporters. I would not be surprised if a bunch of those proud boys show up in Tulsa to "protect the rally" or some such nonsense.
Trump tweet, below, from a little bit ago. Who is trying to politicize the Supreme Court? I think we know the answer to that.
âThese horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!â
Hmm, a Dick Cheney-inspired gun metaphor. There's a Conservative-majority court and he still desperately clings to the fear-mongering tactic that the 2nd Amendment will be revoked.
