..."Fuck Constitutional order” vibes here.Beyond the implications for pregnant people in Texas, this is perhaps the most alarming feature of today's decision.
— Steve Vladeck (@steve_vladeck) December 10, 2021
Instead of disincentivizing states from playing such procedural games with our constitutional rights going forward, #SCOTUS has provided a blueprint for doing so. https://t.co/bBedHtCgQ1
Have we heard any more from the 2016 crowd that said: “Go ahead, elect Trump! Then you’ll see we were right and we can save this country! Besides, what’s the worst he can do?”
It’s arguable that at least five Justices (or 6; you could bring Roberts around) would be open to resurrecting the Articles of Confederation. Or maybe just eviscerating everything back to, and including, Marbury.
Charles Fried, solicitor general under Reagan no less, called them reactionaries, not conservatives. They want what they want and they are heedless in what they smash up along the way. Beyond the issue of abortion, this ruling will show chaos with the court now having created a blue print to void every federal law a state legislature doesn't like. Conservatism supposedly valued order, but this is disorder. We already have district judges emboldened to strike down every rule they don't like on mere gut feelings. ("Unconstitutional" is the new magic word of power that slays all legislation and rule making the right finds distasteful.) State legislatures, such as ours here in New Hampshire will surely follow to strike out at every group they dislike. We are already deep into the Great Disenfranchisement. The Mississippi decision will be the roadmap for what's to come.
ReplyDeleteThe argument this week for the Maine case on funding religious schools is the precursor to a the great reordering of our schools. A nicely narrow fact situation that will be used to set a very broad rule of states funding discriminatory religious schools.