Not Tired of Winning Yet CCXXXVII
Several wins from SCOTUS.
- Mahmoud v Taylor: Parents have the first amendment right to opt out of LGBTQ lessons at school. Long overdue.
- Free Speech Coalition v Paxton: Texas can require age checks for porn sites. Should not have even been a question.
- CASA v Trump: held universal injunctions likely exceed the equitable authority that Congress has given to federal courts. This in effect puts an end to activist district level judges overruling federal policy on political grounds. Thank goodness. It would have been better if done more promptly, but this was inevitable.
My comment on this last case:
It is amusing how long the dissent from Justices Sotomayor and Jackson elongate themselves to be, considering the simplicity of the underlying case law.
Justice Jackson ignores and reverses the holding in Marbury v Madison, which places limits on the Supreme Court’s ability to enforce the law. This is the first case all first year law students study first, and any high school student of civics (back when civics was taught in school) should have read.
This level of incompetence or open disregard of judicial duties is worthy of impeachment.
Justice Barrett points out the extraordinary and unprecedented lack of sound legal reasoning in Jackson. As a law student of many years ago, allow me to report I recall no other example of such a clear (and clearly deserved) sign of disrespect from one justice to another.
Justice Barrett, writing for the majority, says
“We will not dwell on JUSTICE JACKSON’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.”
She goes on to say:
About John C Wright
John C. Wright is a practicing philosopher, a retired attorney, newspaperman, and newspaper editor, and a published author of science fiction. Once a Houyhnhnm, he was expelled from the august ranks of purely rational beings when he fell in love; but retains an honorary title.
