Tonight, an extraordinary order, opinion, and dissent make explicit that the ongoing cold Second American Civil War is raging at the U.S.
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Tonight, an extraordinary order, opinion, and dissent make explicit that the ongoing cold Second American Civil War is raging at the U.S. Supreme Court, as it is throughout the U.S. 1/ #LawFedi
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Tonight, an extraordinary order, opinion, and dissent make explicit that the ongoing cold Second American Civil War is raging at the U.S. Supreme Court, as it is throughout the U.S. 1/ #LawFedi
On the heels of the awful substantive Supreme Court ruling and opinion in _Callais_, Louisiana’s governor sought to cancel an ongoing election, House primaries, which had begun before the decision was handed down. He ordered cancellation even before the Callais judgment was made final, “certified”. There is a Supreme Court rule which delays certification for 32 days, allowing time for a party to request rehearing. 2/
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On the heels of the awful substantive Supreme Court ruling and opinion in _Callais_, Louisiana’s governor sought to cancel an ongoing election, House primaries, which had begun before the decision was handed down. He ordered cancellation even before the Callais judgment was made final, “certified”. There is a Supreme Court rule which delays certification for 32 days, allowing time for a party to request rehearing. 2/
There are almost no times when the Supreme Court has not followed this rule. But the Callais plaintiffs applied to the Court to have the judgment certified right now and tonight the Court ordered this to happen, trying to quash ongoing lawsuits filed to prevent Louisiana’s governor from cancelling the election, a result in no way required by Callais itself. 3/
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There are almost no times when the Supreme Court has not followed this rule. But the Callais plaintiffs applied to the Court to have the judgment certified right now and tonight the Court ordered this to happen, trying to quash ongoing lawsuits filed to prevent Louisiana’s governor from cancelling the election, a result in no way required by Callais itself. 3/
All of this has happened on the shadow docket. So the Roberts Court has ok’d election cancellation without merits briefing, oral argument, etc.
This would be extraordinary and pernicious enough. But because Justice Ketanji Brown Jackson dissented and pointed out how exceptional and dangerous the Court’s order is, Alito, joined by Gorsuch and Thomas, wrote an opinion basically calling her uppity. 4/
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All of this has happened on the shadow docket. So the Roberts Court has ok’d election cancellation without merits briefing, oral argument, etc.
This would be extraordinary and pernicious enough. But because Justice Ketanji Brown Jackson dissented and pointed out how exceptional and dangerous the Court’s order is, Alito, joined by Gorsuch and Thomas, wrote an opinion basically calling her uppity. 4/
You can read the order, opinion, and dissent at https://www.supremecourt.gov/opinions/25pdf/25a1197_097c.pdf.
You may want to read Jackson’s dissent, the second document in the file first. 5/ -
You can read the order, opinion, and dissent at https://www.supremecourt.gov/opinions/25pdf/25a1197_097c.pdf.
You may want to read Jackson’s dissent, the second document in the file first. 5/Jackson lays out the Supreme Court rule and relevant precedents to explain that the Court’s short-circuiting of its own procedures has “principles give way to power.”
She writes forcefully but in an even, professional way. 6/
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There are almost no times when the Supreme Court has not followed this rule. But the Callais plaintiffs applied to the Court to have the judgment certified right now and tonight the Court ordered this to happen, trying to quash ongoing lawsuits filed to prevent Louisiana’s governor from cancelling the election, a result in no way required by Callais itself. 3/
@heidilifeldman They make me nauseous. Unconscionable.
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Jackson lays out the Supreme Court rule and relevant precedents to explain that the Court’s short-circuiting of its own procedures has “principles give way to power.”
She writes forcefully but in an even, professional way. 6/
But Sam Alito just cannot handle a dissent from Brown that explains that he and the other Roberts Court judges who went along with him are nakedly using their privilege and authority to advantage the Republican Fascist Party and its white supremacist agenda. 7/
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But Sam Alito just cannot handle a dissent from Brown that explains that he and the other Roberts Court judges who went along with him are nakedly using their privilege and authority to advantage the Republican Fascist Party and its white supremacist agenda. 7/
Taking the greatest umbrage, Alito starts, “The dissent in this suit levels charges that cannot go un-answered.”
What has so disturbed him? Jackson telling it like it is. 8/
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Taking the greatest umbrage, Alito starts, “The dissent in this suit levels charges that cannot go un-answered.”
What has so disturbed him? Jackson telling it like it is. 8/
Alito: “The dissent goes on to claim that our decision represents an unprincipled use of power. … That is a ground-
less and utterly irresponsible charge”.Translation: How dare she? 9/
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Alito: “The dissent goes on to claim that our decision represents an unprincipled use of power. … That is a ground-
less and utterly irresponsible charge”.Translation: How dare she? 9/
Finally, Alito concludes by chastising Jackson: “It is the dissent’s rhetoric that lacks restraint.” 10/
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But Sam Alito just cannot handle a dissent from Brown that explains that he and the other Roberts Court judges who went along with him are nakedly using their privilege and authority to advantage the Republican Fascist Party and its white supremacist agenda. 7/
@heidilifeldman I of course appreciate your attention to the normal process of Socratic Method, but I'm a simple kind of man, who both appreciates details but also lists noise reduction as a skill.
This is the Dred Scott Decision and the Fugitive Slave Act. Happening again. For the same reasons.
There can be no response but to shut it down. No reasoning with it. No trying to understand their point of view.
Shut it down. Or it gets worse. IMHO.
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Finally, Alito concludes by chastising Jackson: “It is the dissent’s rhetoric that lacks restraint.” 10/
There you have it. In one exchange, central issues being fought in a so-far cold Second American Civil War are on full display at the Supreme Court. The issue of white supremacy is of course at play because tonight’s developments relate to Callais. But in Alito’s response to Jackson is an equally central issue: patriarchy. 11/
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Finally, Alito concludes by chastising Jackson: “It is the dissent’s rhetoric that lacks restraint.” 10/
@heidilifeldman Alito, Gorsuch, and Thomas should be dropped into a deep dark hole and drink rainwater and eat bugs for the rest of their lives.
Now, THAT’S what lack of restraint looks like.
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Jackson lays out the Supreme Court rule and relevant precedents to explain that the Court’s short-circuiting of its own procedures has “principles give way to power.”
She writes forcefully but in an even, professional way. 6/
@heidilifeldman She’s principled. It truly is time for the Democrats to expand the court and address term limits. I think it might behoove them to run on the importance of the Supreme Court as a priority after the economy. There are so many issues: war, corruption, etc
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There you have it. In one exchange, central issues being fought in a so-far cold Second American Civil War are on full display at the Supreme Court. The issue of white supremacy is of course at play because tonight’s developments relate to Callais. But in Alito’s response to Jackson is an equally central issue: patriarchy. 11/
Alito simply cannot stand that Jackson has spoken as his equal and professional peer and questioned his ethics, integrity, practice of the craft of adjudication. He’s set off, in a way that most women I know will recognize. 12/
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All of this has happened on the shadow docket. So the Roberts Court has ok’d election cancellation without merits briefing, oral argument, etc.
This would be extraordinary and pernicious enough. But because Justice Ketanji Brown Jackson dissented and pointed out how exceptional and dangerous the Court’s order is, Alito, joined by Gorsuch and Thomas, wrote an opinion basically calling her uppity. 4/
@heidilifeldman Most of SCOTUS needs to be fumigated like the "vermin" they are.
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Alito simply cannot stand that Jackson has spoken as his equal and professional peer and questioned his ethics, integrity, practice of the craft of adjudication. He’s set off, in a way that most women I know will recognize. 12/
And he responds as lovers of patriarchy do: he calls his peer, a woman who disagrees with him, irresponsible for doing so and says her views, which she supported with factual information (the rule, the precedents, etc), are “baseless.”
Patriarchal posturing on full display. 13/
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And he responds as lovers of patriarchy do: he calls his peer, a woman who disagrees with him, irresponsible for doing so and says her views, which she supported with factual information (the rule, the precedents, etc), are “baseless.”
Patriarchal posturing on full display. 13/
@heidilifeldman mouthing Not True to Obama during SOTU. Has Alito ever indicated which side he wished won the civil war?
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And he responds as lovers of patriarchy do: he calls his peer, a woman who disagrees with him, irresponsible for doing so and says her views, which she supported with factual information (the rule, the precedents, etc), are “baseless.”
Patriarchal posturing on full display. 13/
So far I’ve talked about how tonight’s order and opinion from Sam Alito and the Roberts Court take sides on white supremacy and patriarchy, two major issues in the current cold civil war in the US. The third big issue Alito and those justices who did not oppose his order take a side on (for sure Gorsuch and Thomas, who explicitly concur, and presumably the others in the Callais majority) is endorsement of authoritarian executive power. 14/
