/1 Yes courts were never going to save us. Thats what I would have tweeted til 4pm today. Then, the question became totally diff one. How far can a radically right court set us back? What can they take that we cant win back in an election? Or 2 or 3?
/2 I’m in the middle of a piece abt how free speech is being used to make UNCONST all kinds of democratically chosen regs. Not just campaign finance law. Laws that restrict marketing of drugs - and tobacco - are already being taken apart. That is poised to get so much worse.
/3 and takings law - where cts say ‘Thats property, the gov cant take it without paying ‘. We already have horrible cases - eg Maine ct said public disclosure of whats in a cig is “taking” tobacco company trade secrets. Could get so much worse. All kinds of regs now “takings”.
/4 why do you think 5 radicals who believe abortion is murder will stop at overturning Roe v Wade? Could laws *allowing* abortion in your blue state become unconst? The year I clerked at SCt I became convinced that one more vote would awaken those dreams on the right. It will.
/5 the ACA. Criminal justice. Racial justice. Antitrust law. They could all change radically. Janus shows stakes also for left power to organize.
/6 so what to do? Yes, only politics will save us. But it is not the usual get ready for next election politics. (We need that too.). We must make a few electeds - a few Senate Rs - hold their votes. This is about the next several DECADES.
/7. So dont talk to me abt Nov. - talk to me about tomorrow. What are you going to do tmw? And the day after? That is the question.
