The scary thing is that it wasn't a unanimous 9-0 decision. Thomas, Alito and Gorsuch are right wing freaks.
Kavanaugh is like Roberts. Both recognize that if they're perceived as too extreme, they'll lose power. The game is to give the other side a win now and then, but leave enough slack in the decision that they can rule for Republicans later when it suits them.
Anyone think that Clarence Thomas should have recused himself from participating in the Moore v. Harper case considering that Ginni Thomas was a big supporter of the independent state legislature theory? From a year ago. https://www.courthousenews.com/ginn...ose-electors-could-be-advanced-by-high-court/ Ginni Thomas pressed 29 Ariz. lawmakers to help overturn Trump’s defeat, emails show From six months ago.
Thread on the back door left in Moore v. Harper. I have not yet read/listened to the pieces. But knowing the movement and how much has been put into using the Court to advance and preserve Right Wing power, there is every reason they will whip out any doctrine needed, earlier decisions notwithstanding, if democracy threatens power
What is remarkable it that any justice would retreat from Marbury. This is a core principle that was decided long ago. It was not a liberal or conservative issue. Any other ruling would open the door to gutting bedrock principles of Judicial review.
More on the back door. Subject to further analysis, it looks like this was more of a Court power grab, saying we worry about current attacks on legitimacy so will issue a decision limiting state legislatures, which are out of control, but reserve to ourselves the right to act much the same way, leaving a “break glass” option to wield if needed
To be just a little fair to them, because I generally agree with you, I thought I read that most of their dissent was based on the case before the court now being moot based on the actions of the North Carolina Supreme Court?
https://www.cnbc.com/2023/06/29/sup...-schools-cant-consider-race-in-admission.html Race can’t be considered for admission at public schools.
Looks like it was right down partisan lines. I haven’t read the arguments, but I think I can anticipate some valid reasons for this decision.
That was one of my first thoughts on this as well. For all the understandable angst about what this means for minorities, whites will get hit by this too. And if a majority of top schools’ students are now disproportionately Asian for example, so be it. If white america wakes up in a few years and doesn’t like it, compete harder for those spots.
In a 2003 case supporting racial preferences, Sotomayor wrote the majority opinion and stated "we expect in 25 years that the use of racial preferences will no longer be necessary". Apparently a couple years short of that she still thinks we need it.
Wow. Totally fraudulent creation of possible (shouldn't be) standing. Again, these dispute and created and contrived in a coordinated attempt to have the Court determine US policy
