"Textualism" and "originalism" only matter when it gets the Batshit Caucus of the Court to where they want to be. Immigration and the enforcement of laws governing immigration have been the purview of the Feds since the country's founding. But Texas wants to stick its nib in and the Batshit Caucus is just fine with that.
The Roberts Court has tossed aside any respect or consideration of legal principles such as whatever the Constitution says or legal precedent or any of that bullshit that they still teach in the ConLaw courses during the first year of law school. It's just political ideology and naked racism, dressed up in high-faluting rhetoric and fig-leaf references to the Constitution. They'll toss things back to the 1790s, unless it's not convenient.
I had thought that this "states' rights" bullshit was settled for good in 1865, but I guess not. One thing seems to be clear: If it wasn't for the 13th Amendment, those lunatics would figure out a way to legalize slavery. If it wasn't for the 19th Amendment, they'd say it was OK to deny women the right to vote. This current iteration of the Supreme Court is all about protecting the rights of billionaires to effectively buy elections, politicians to take bribes if they are smart about it, and states to make it harder for people to vote, especially if their skin is darker than a sheet of copy paper.
Some of the justices seem to be concerned about the Supremes losing legitimacy and respect. Well, that ship got up steam in 2000 and has been increasing speed since
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2 comments:
THey should either have to run for election or simply serve at the will of the president (minus any confirmation bullship). Any idea that they're impartial is ludicrous. As well as any idea that Sotomayor won't pull a Ginsburg and simply stay until the next Rethug administration.
At least the US Judicial Conference has decided that Thomas has to disclose the value of his travel gifts and can no longer call them reimbursements.
-Doug in Sugar Pine
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