"Mitch McConnell has promised that if Republicans regain control of the Senate in 2022, that he will not let Biden put any more Supreme Court justices on the bench. He would keep seats open for up to 6 years if he had to. 3/n" — Brynn Tannehill on X, May 9, 2022
"They have created a precedent for overturning precedent," Louise Melling of the American Civil Liberties Union said in an interview Monday. She called the current court "radical" and is stunned that the majority could overturn a case that "is so fundamental to the lives of women and the lives of families."
Melling pointed to the dissent penned by the court's three liberals and said she hoped that one day the court would respect stare decisis again.
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"In the abortion opinion, Justice Samuel Alito provided two pages of footnotes highlighting other cases that have been overturned, in an effort to prove that stare decisis isn't what he called an "inexorable command." And he explained his criteria for overturning precedent."
— Ariane de Vogue, "The Supreme Court just threw the idea of settled law out the window," CNN, June 28, 2022
In 2015 in Obergefell v. Hodges, writes Madiba K. Dennie in The Originalism Trap, the Supreme Court ruled that the Constitution is meant to protect "the right of all persons to enjoy liberty as we learn its meaning." That seemed to be a "game changer," since it would not be necessary to discover the legal history of a certain behavior to demonstrate what courts should do today about it.
"A new door was opened," Dennie writes, "for the public to advance arguments about the constitutional requirements of dignity, equality, and liberty under the Fourteenth Amendment," yielding "interpretative possibilities" based on
"decades of dialogue between advocates and the people they represent, the judiciary, and other actors engaged in explicating interconnected constitutional principles. The rights and freedoms the due process cases upheld—including same-sex and interracial marriage, decriminalized same-sex intimacy, contraception, abortion, privacy and autonomy, and equal dignity—built on each other like blocks in human rights Jenga. But then, originalists pulled the Roe v. Wade block out. Their legitimation of the dissenting arguments in prior abortion and gay rights cases has destabilized the whole human rights tower, and the country is left wondering which block will be next to fall." (Chapter 2: Stealing Our Liberties)
The Constitution makes ONE simple demand of officeholders. Like instructing Adam & Eve to lay off the fruit, the Framers said, "you may want a fancy European title but the nation's integrity demands you refuse." Alito just ignored the Constitution's command.
— Joe Patrice (@joepatrice.bsky.social) October 31, 2024 at 1:28 PM
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This is the funniest thing for a Supreme Court justice to get impeached for, and so absolutely perfect for Samuel Alito. Say what you will about his opinions, but he has always been likely to go down for accepting a bejeweled scepter from the most racist living member of the Bourbon dynasty.
— David_j_roth (@davidjroth.bsky.social) November 1, 2024 at 12:02 PM
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