As long as you vote for the right party!Unsubstantiated claims of election fraud by Democratic voters: multi-year obsession and basis for attempting to overturn the results of a democratic election.
— Steve Vladeck (@steve_vladeck) April 5, 2022
Substantiated claims of election fraud by Republican voters: “not the sort of issue anybody would spend time on.”
Sigh. https://t.co/fXU8NN9Vox
Today in Federal Courts: Ex parte Young. pic.twitter.com/Cb8Lf5pHYG
— Steve Vladeck (@steve_vladeck) April 5, 2022
Plessy was based upon a flawed interpretation of the plain text of the Equal Protection Clause — not due process.
— Steve Vladeck (@steve_vladeck) April 5, 2022
This idea that all rulings we don’t like are “activist” extensions of “due process” is not just ridiculously superficial; it’s wrong even on its superficial terms. https://t.co/sEwcHxLt7Y
If I still lived in Austin and could audit his class, I’d be spending my free time there.””Finally, if Senator Cornyn *meant* to criticize Dred Scott and not Plessy, (1) that’s a pretty awkward mistake; and (2) only one part of Dred Scott was about due process. The really onerous part was the Court’s holding that former slaves couldn’t be *citizens* in the first place.
— Steve Vladeck (@steve_vladeck) April 5, 2022
"You can’t criticize the former w/o accounting for the latter." That is expecting much more intellectual rigor from the conservatives on this court than they displayed up to now. They will happily ignore inconsistencies, they do it already.
ReplyDeleteRoe, Griswold and Obergefell are all on the chopping block. I don't see any chance of a return to Plessy, it's too gross an outcome even for these reactionaries. Brown is effectively dead letter law at this point anyway, when was the last time it was meaningfully invoked?
I think it more likely that Brown will be weaponized. Any racial distinction will be unconstitutional. They will use Brown to ban any accounting for race in college admissions. They will strike down the law that attempts to make up for past inequities for farm payments, since the class of recipients is based on race. I even think they will use it, instead of states dignity, to finally kill the Voting Rights Act. Disperate impact is effectively a race based analysis. It will be ruled unconstitutional. It's a neat trick, because as long as a law is facially neutral, even if the impact is deeply disperate, it will pass constitutional muster. So racism will be allowed to flourish under Brown, with the majority knowing that the left can't effectively attack Brown.