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His June Medical opinion is like it’s from another planet bsky.app/profile/saba...
You know what is a very strange document now? John Roberts’ concurring opinion in June Medical (a decision it seems in multiple ways from another universe) Stare decisis “is necessary” and “brings pragmatic benefits” like “predictable and consistent development” www.supremecourt.gov/opinions/19p...
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I'm curious as it was an election year, whether moderation was a better opinion. I've a theory that Dobbs and SB8 have to be analysed as a pair & maybe an election played a role.
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I’ve always thought June medical was always more about Roberts being offended at the lower courts not listening to him than it was about the substance of the decision.
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It was so abjectly blatant that June Medical was a do-over of Whole Women’s Health v. Hellerstedt to see if the court would arrive at a different answer with Kavanaugh and Gorsuch instead of Kennedy and [vacant] Reversing a year-old precedent would have made it obvious the court isn’t doing “law”
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There is zero evidence he ever cared to put the intuition ahead of such agenda and Shelby in 2013, particularly in light of Robert's history, make it laughable to even suggest that. He is every bit the thug Bull Connor and others of that type on the right are, but with a suit and Harvard degree.
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There’s a good piece to write of the through line from his Obergfell dissent to this.
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Just an incredible self-own to admit he *still* doesn't understand the reason for Roberts' shift. This does not require clairvoyance! It really is not mysterious!