Congress and Biden must answer Justice Kagan's extraordinary call to action and expand the Court
Congress and Biden must answer Justice Kagan's extraordinary call to action and expand the Court
Sep 02, 2021 12:18pm Eastern Daylight Time
by Joan McCarter, Daily Kos Staff
https://m.dailykos.com/stories/2021/9/2/2049823/-Supreme-Court-liberals-blow-the-whistle-on-their-dangerous-institution-Biden-Congress-must-answer
"SNIP.....
[T]he majority’s decision is emblematic of too much of this Court’s shadow-docket decision-making—which every day becomes more un-reasoned, inconsistent, and impossible to defend.
That's Supreme Court Justice Elena Kagan, dissenting in the decision by the Supreme Court's conservatives, minus chief John Roberts, to end the protections of Roe v. Wade and Planned Parenthood v. Casey for the women of Texas. It is endorsing the most restrictive abortion ban that has come before it, ending abortion after six weeks—before most women even know they are pregnant—and including no exceptions. Not for rape. Not for incest.
"Today's ruling illustrates just how far the Court's 'shadow-docket' decisions may depart from the usual principles of appellate process. That ruling, as everyone must agree, is of great consequence," Kagan wrote. "Yet the majority has acted without any guidance from the Court of Appeals—which is right now considering the same issues. It has reviewed only the most cursory party submissions, and then only hastily. And it barely bothers to explain its conclusion—that a challenge to an obviously unconstitutional abortion regulation backed by a wholly unprecedented enforcement scheme is unlikely to prevail."
That's a Supreme Court justice doing what would have been unthinkable in the days before Mitch McConnell and Donald Trump packed the court—sounding an alarm about the legitimacy of her own institution.
The majority opinion was one paragraph, unsigned. We know which five justices—Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—just upheld an unconstitutional law, however, because the four in dissent each wrote and signed their names: Chief John Roberts, Stephen Breyer, Elena Kagan, and Sonia Sotomayor. The majority did not, in fact, wait for the lower courts to work through pending litigation. The majority did not explain its reasoning.
......SNIP"
I wonder if Manchin would be for expanding the court to make it bipartisan?
= new reply since forum marked as read
