I've listened to every oral argument by Elizabeth Prelogar as solicitor general, and I can confidently say she sounded legitimately infuriated defending the federal law guaranteeing emergency room care at every U.S. hospital.
This indignation may well be her finest moment.
The way she jostled with Justice Samuel Alito over the meaning of the law, which takes up about seven pages of the oral argument transcript, was nothing short of blood-boiling.
At one point, she more or less labeled his hypotheticals "senseless"—and got a big rise out of him ...
...when she noted that the premise of his questioning—suggesting that "unborn child" in the law takes precedence over "individuals" needing stabilization—was that women aren't people.
He didn't like that one bit. "Nobody's suggesting that!" he protested.
Five members of the Supreme Court dealt a crushing blow to the Clean Water Act, rewriting the word "adjacent" in the law to mean "adjoining," thus leaving unprotected from pollution, and EPA oversight, vast swaths of wetlands.
The decision is so extreme that they even lost Brett Kavanaugh, who wrote separately to note that "long-regulated adjacent wetlands" are now at the mercy of polluters, "with significant repercussions for water quality and flood control throughout the United States."
The court, in an opinion by Justice Samuel Alito, made up an entirely new test, not in the statute, to determine what counts as "waters of the United States." According to him, waters must have a "continuous surface connection" to be regulated.
Ketanji Brown Jackson is giving a mini history lesson on the 14th Amendment, the Civil Rights Act of 1866, and the need to put formerly enslaved Black people on equal footing with white people.
“The entire point of the amendment was to secure rights for the freed former slaves.”
The reason this matters is an entrenched belief among the Republican justices that the Constitution is "race neutral." But the history shows that the Congress that came up with the Reconstruction amendments was pretty explicit in wanting to remedy centuries of Black subjugation.
The Voting Rights Act of 1965, which shares DNA with Reconstruction-era legislation, was also explicitly pro-Black in that it was designed to ensure that Black people could elect candidates of their choice.
"The Constitution doesn't require" race neutrality, Judge Jackson says.
The Justice Department is a cesspool that smells like William Barr. If the goal is to clean it up, reassert independence, and bring order to the ranks, Merrick Garland fits the bill.
And now the Senate can confirm Ketanji Brown Jackson to his seat.
I, for one, am really looking forward to Judge Jackson giving side eyes to Justin Walker when they’re in conference together.
I am concerned about Garland’s record on cops, prisons, and prosecutors. But I also trust and hope that he can read the room and understand that this is not the 1990s anymore.
His civil rights division chief and deputy attorney general will be key in keeping him in check.
“Justices of this Court play a deadly game in second-guessing the expert judgment of health officials about the environments in which a contagious virus, now infecting a million Americans each week, spreads most easily.”
Judge Kagan doesn’t normally join Justice Sotomayor’s blazing dissents, which were often solo or joined by Justice Ruth Bader Ginsburg.
She does so here, which marks a shift for her. The two New Yorkers on the Supreme Court, one Jewish and the other Catholic, find common ground:
If you think this is the last we hear from a supercharged conservative majority on the Supreme Court messing with Covid-19 health and safety guidelines, buckle up.
Statewide mask mandates, vaccine protocols, and who knows what other regulations may soon be on the chopping block.
Michael Flynn may have received a presidential pardon, but that doesn't wipe out the fact of his criminal conviction.
Joe Arpaio, whom Trump also pardoned, tried to get his guilty verdict thrown out but the Ninth Circuit refused. The case was dismissed. cdn.ca9.uscourts.gov/datastore/opin…
The Arpaio-Flynn cases are really similar in that both involve Trump cronies who were convicted in federal court—one after trial, the other after a guilty plea.
And both were pardoned before sentencing, short-circuiting the prosecutions. Per the Ninth Circuit, conviction stays.
Although, as the Ninth Circuit explained, "conviction," as colloquially used, is a bit of a misnomer.
What matters is the judgment of conviction, and neither Arpaio nor Flynn received one, despite each being found guilty or "convicted."