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Author Topic: Doomstead Diner  (Read 54042 times)

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Surly1

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In regard to this:


www.theatlantic.com - But, as Kagan argues in her dissent, this case should be easier than many in which gathering outrage tips over into judicial condemnation. This issue has firmer bones than that. Roberts’s faulty reas…


Quote
Last week, though, Justice Elena Kagan , writing for the four justices who disagreed with 😈 Chief Justice John Roberts’s opinion in Rucho v. Common Cause purporting to withdraw the Court once and for all from passing judgment on the constitutionality of partisan gerrymanders, ended thus:

Of all times to abandon the Court’s duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent.

Justice Kagan is right. The article is also right that the "reasoning" of Chief "Justice" Roberts is flawed. But, as usual, nobody wans to address the corporate fascist spoon fed malice aforethought (Mens rea) intrinsic to Roberts' "reasoning".


It is well and good to agree with you, but I need to remind you that the Supreme Court throughout it'd history has given birth, aid and succor to some of the most retrograde opinions possible. Those of us who grew up in an era informed by the ghosts of Holmes, Brandeis, Frankfurter and Brennan, et al forget there was also a Roger Taney.

Dred Scott; Buck v. Bell (forced sterilization); Korematsu; Plessy v. Ferguson; and closer to our own time, right wing activism like  Bush v. Gore,  Exxon Shipping Co. v. Baker, and my favorite, Citizens United v. FEC.

Roberts is the second coming of Taney.

 

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