Pretty important assessment of the Supreme Court and the Mississippi abortion case from a lib. ("How Trump Transformed the Supreme Court"). Quite a different take than many conservatives on ACB.
How Trump Transformed the Supreme Court (outline.com), an interview with Linda Greenhouse, Yale lib lecturer who said of the Texas abortion case:
“they still have not stayed the [Texas] law. The law is still in effect. But maybe they were a little embarrassed about their growing tendency to decide things off the shadow docket—that is to say, without full briefing and argument—and some little voice inside the heads of four of them said, “You know, we’re going to get tangled up in this eventually, & we really should set it for argument, so that in the light of day we can try to sort out the weird procedural mess that Texas has handed us.”
She thinks the Court realized the urgency of the China Virus and other "shadow docket" cases, and concluded they had to be addressed. This is a point I've made for a year: the Court cannot continually dodge tough issues, from election integrity to abortion to personal freedom violations due to the China Virus.
These start to build up in the "shadow docket" and Greenhouse thinks that in the case of the TX law, the court looked at some of the procedural (which she calls "vigilante") aspects of the law and found THOSE wrong, but not the law by itself.
She makes another very good point for better or worse: the time to "chip away" at Roe has passed. The Court either has to confirm it or overturn it. She sees the fact that they took the MS case as evidence they plan to do the latter.
Then she says this on the election integrity laws: "I think the cases were handled so badly by the Trump lawyers that they gave nothing to those on the Court who might have been sympathetic, for instance on the notion that state courts can’t change voting procedure. . . . That was the claim in the Pennsylvania case that got a few votes. Next time, if the cases are better presented, I’m not a hundred per cent confident that they may not get somewhere."
I said this and said this. Trump's team lost because they could not decide if they were going for specific state laws on a broad focusing only on PA, for example, absentee ballot malfeasance/criminality, or if they were going for some national conspiracy involving computers or if they were just trying to toss out some absentee ballots. Greenhouse admits there was a case involving the state laws.
Judges hear things and read things. It could not have gone unnoticed that the Trump legal team, including those who horned in on their own like Sidney Powell and Lin Wood, were making half a dozen vastly different arguments, leading to the conclusion that there was no “there” there.
Some say, “Well, Trump couldn’t get the best lawyers. He was being blackballed.” Maybe, but how many times in our legal/judicial history have nobody lawyers won astounding cases? Too many to list.
And we could add, even after most of the Arizona audit is done, we do not have a single key element on which to hand the rather obvious fraud. If it’s the 17,000 duplicate ballots, then we should see equal proportions of duplicate ballots in many states. If it was the computers and remote access, then ditto. Yet as this trickles out, we still can’t put our finger on exactly how they defrauded the American people.
Perhaps this was what the Supes were worried about, that by hearing cases on not evn a “half a loaf,” perhaps, a “tenth of a loaf” they would make bad judgments that in the future would cause problems.
But they can’t dodge the abortion issue now, and apparently don’t plan to. We’ll see if Amy Coney Barrett and Brett Kavanaugh warranted all the blood, sweat, and toil that went into getting them confirmed.
Because if they rule the wrong way on the Mississippi case, Trump will take a major hit on his credibility and one of his biggest successes so far: getting a “conservative court.”
Larry Schweikart
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5:37 AM · Nov 13, 2021·Twitter Web App
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Replying to @OtherWalls
9) She also predicts we'll see more cases where the Supes approve of public money going to religious institutions & an overthrow of affirmative action.