Republicans have won the popular vote exactly once since 1988. Unfortunately the electoral college and other factors — including Democrats not filling slots fast enough during the Obama years — mean the right wing now has the upper hand in the courts and little chance of losing it any time soon. And no, they’re not driven by a belief in legal history and tradition, just a desire to fulfill right-wing dreams … while whining that they’re not getting the respect as wise solons they think they’re entitled to.
Currently federal agencies can make reasonable interpretations of ambiguous Congressional directives. The Supreme Court may decide that’s a no-go, which would nullify regulations unless Congress spells out exactly what should be done. Congress can’t foresee everything so that’s a return to the days of unregulated business.
A judge in Arkansas who accepted contributions against the law — because he considered the law unconstitutional — sentenced a student protesting at a school board meeting to ten days in jail.
When judges rule that things such as abortion or interracial marriage left to the states, that’s no different from saying they’re okay with them being illegal. If they claim of course they don’t want states to ban interracial marriage but they certainly have the right to — well, either they’re lying or they’re buying into the Shirley exception.
While a lot of conservatives wring their hands over criminals who escape judgment through “legal loopholes” they have little problem with innocent people going to prison for the same kind of legal loophole. Just as they’ve worked to make Miranda rights toothless.
It seems there’s a lot of possible corruption on the Supreme Court but judicial ethics rules don’t apply so there’s no remedy. And John Roberts gives Congress the finger (politely) for even raising the topic. Why wouldn’t he? Though depressingly it’s not just that Thomas and the others are unethical: given his and Ginni’s annual income is above a half-million, it’s depressing how little he sold out for.
The North Carolina Supreme Court flipped Republican in 2022. They’ve seized the opportunity to reverse past court decisions such as one striking down Republican gerrymanders.
LGM points out that the world in which most of these justices moved for much of their life was a male-dominated misogynist one.
To wrap up, some more legal notes: One, over in Texas, some prosecutors in blue states have said they won’t prioritize abortion cases. The state house has passed a bill that would allow citizens to use this as grounds for removal from office, with Gov. Gregg Abbott appointing a replacement until the next election. On and anti-vax Texas AG Ken Paxton plans to investigate vaccine makers and hold them to account for … um, making vaccines?
A woman who plowed into BLM protesters with her car got community service for her assault.
Second, Mike Lindell (the My Pillow guy) offered $5 million to anyone who disproved some of his election-fraud claims. Someone did, Lindell refused to pay. A court says he has to. Even in this era it’s not all bad news. As witness four more Proud Boys have been convicted of sedition.
Third, the WaPo looks at Democratic attorney generals who are pro-choice, pro-gay rights and more. Again, not all the news is bad.
And while I’m not a Satanist, if the courts are going to allow religion in schools that should definitely apply to Satanist clubs.