Today in my Constitutional Law class (starting at 9:10 CST): Implied fundamental rights.
— Steve Vladeck (@steve_vladeck) December 1, 2021
Not a timely subject at all...
"The Constitution should be scrupulously neutral on marriage. It should take no position on who I have a right to marry, but leave that to the states."
— Steve Vladeck (@steve_vladeck) December 1, 2021
The most cogent comments on the oral arguments yesterday. Hand-wringing and anger are pretty useless at this point. The paucity of Mississippi’s argument is a serious problem for the court. And the issue of reining the court in is primarily what Sotomayor was on about.This is an obvious point, to be sure, but one of my many takeaways from today is how very little (which is to say, not at all) #SCOTUS is worried about having any of its power reined in by Congress.
— Steve Vladeck (@steve_vladeck) December 1, 2021
I have to think that's a different argument if reform were still on the table.
Worth putting on the table. And while we’re talking about the court:
Dred Scott. Plessy. Killing the New Deal. Saving the New Deal. Gutting the VRA. I’m sure there are others. Memo to Justice Breyer: the Court lost its virginity a very long time ago.Conservatives, unlike Stephen Breyer, have long accepted that the Court is political. That's why they worked so hard to take control of it. https://t.co/LCoopL5NKa
— Jack Holmes (@jackholmes0) December 1, 2021
It lost it the first case that was decided by the almost exclusively slave-owning "justices" in favor of the enslavement that they, their families and their class benefited from. Among the earliest cases they ever decided. John Marshall being one of the most self-interested of that group of gangsters.
ReplyDeleteBreyer is a fool.