I've seen enough -- this is the most radical, dangerous, arrogant, out-of-control Supreme Court in American history, and it needs to be treated as such.
open.substack.com/pub/kevinmkr...
Back then we were all like,okay well I guess they had their reasons, now we know better. Todays SCOTUS doesn't use reason, the constitution, originalism,or anything to make decisions, they make decisions now to 'get even' with those who call them out for the corrupt venal unelected clerics they are.
It’s absolutely bonkers that they ruled that there’s absolute or presumptive immunity, with no consideration of motive, for official acts. It’s entirely possible to corruptly perform official acts to, say, obstruct justice, and now the president is immune from any of those crimes.
I’ve seen so much said about Roberts’ apparent drive to maintain a respectable legacy- and like, nope, he clearly never cared at all about how he’ll be remembered
He cared because he thought maintaining the court's reputation was important for the conservative political project. The fact that he no longer thinks this is necessary is pretty terrifying.
McReynolds at least had a fig leaf of a legal argument and precedent on his side, and he didn't think FDR could order him killed without fear of prosecution.
Yeah, McReynolds et al were assholes but they were defending (bad) precedents from the Lochner era.
This group? Even he'd be amazed at the brazen contempt
Still wondering what my former law school is going to teach next semester, maybe Con Law is no longer a required course because it's the scholarly equivalent of VCR/Betamax repair
Con Law casebooks will now consist of the few paragraphs of Plato’s Republic in which Thrasymachus argues that justice is the will of the stronger, and the Wilhoit aphorism in 48 point type.
Ultimately it's Democrats' desire to maintain the perception of legitimacy on the part of the Court which will hamstring them. Actually going out there and calling the Court what it is - an unelected political actor of last resort - is destabilizing. No moreso than presidential impunity, I think.
Got to hand it to Roberts. He played the long game here and ended up making himself the most powerful person in the US.
And, to even make himself look like a “moderate” in comparison only makes it more insidious.
You might remember, as I do, the two Trump impeachment hearings, where CJ Roberts officiated. He sat there like a bump on a log, not saying a word or even lifting any eyebrow when Trump's attorneys like Pat Cipollone, Robert Ray and Pam Bondi spewed lies. What was he even there for?
Not to add more discourse to the world but today feels like a good time for any Democratic SCOTUS Judge to consider retiring so Biden and a Democratic controlled Senate can appoint some 25 year olds.
Posited until today that John Roberts would go down in history as the Chief Justice at least as bad as if not equal to Roger B. Taney. He has now exceeded Taney.