"The American people deserve nine justices on the Supreme Court." - Vice President Mike Pence, standing beside Judge Amy Coney Barrett, in the presence of Senate Majority Leader Mitch McConnell
In 2016, McConnell blockaded Obama's nomination of Judge Garland, turning SCOTUS into a de facto 8-justice court, with Ted Cruz and John McCain flirting with making it permanent (and shrinking) under a President Clinton, all while Dems ran their futile #WeNeedNine campaign
Sen. Cruz, with Judge Barrett sitting beside him, says her fast confirmation is necessary to prevent a 4-4 SCOTUS split on any election-related legal dispute.
"This is not about any particular candidate, this is about having a Supreme Court that will follow the law," Cruz said.
McConnell now calling Chicken Little on Dem attacks on Barrett re: Roe, citing similar liberal attacks on John Paul Stevens, Anthony Kennedy, and David Souter.
But it's because of JPS/AMK/DHS's betrayals that conservatives ensured any future nom, like Barrett, would be a Roe foe
1) Scalia had 9 kids and twice voted to strike down ACA in its entirety 2) McConnell also said Barrett's earlier ACA opposition was to the individual mandate, and that's irrelevant to the current challenge, which revolves around the mandate's elimination
But remember: Scalia/Kennedy/Thomas/Alito all said the entire ACA must fall because the mandate was inseverable from the provisions guaranteeing coverage for pre-existing conditions. TX's suit now says because the mandate can no longer be justified as a tax, everything must fall.
They're counting on the votes of Thomas and Alito, and expecting Gorsuch and Kavanaugh will share the determinations their successors made.
It's not a far step from there to think Barrett, a Scalia clerk who shares his ideology/methodology, would be the 5th vote to fell the ACA
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Jackson came straight out of the blocks in October 2022 to give full weight to the proper understanding of the Civil Rights Act of 1866 and the Reconstruction Amendments as keys to our ensuring a robust multiracial democracy today:
Here’s the Colorado Republican Party’s SCOTUS petition via its lawyers, who redacted their generally public contact info even though SCOTUS def won’t redact when it soon uploads the petition to the docket page. media.aclj.org/pdf/Colorado-R…
No noted dissents. Maybe libs trust that CADC will hand down its decision right after 1/9 oral args so to get whole resolved in time for 3/4 trial date?
Or maybe no sense of urgency anymore now that they’ll be deciding as late as June whether half of Smith’s charges against Trump can actually stand
2nd Circuit, sitting en banc, finds that non-transgender female high school athletes have standing to sue Connecticut for Title IX sex discrimination over the state's inclusion of transgender female athletes in track and field competitions. ww3.ca2.uscourts.gov/decisions/isys…
CA2 says if the state made trans girls compete with boys, and "transgender girls alleged that such a policy discriminated against them on the basis of sex and deprived them of publicly recognized titles and placements, they too would have standing to bring a Title IX claim."
"On remand, the district court should assess in the first instance whether Plaintiffs’ complaint states a claim for a violation of Title IX."
IOW: now that you can sue, you have to prove you actually have a case.
Translation: Sure we are openly defying a 5-4 SCOTUS ruling but we think Justice Kavanaugh will flip his vote if we come back at him with the exact argument he told us to make when he sided against us last time
Alabama’s gonna “raise that temporal argument” and hope Kavanaugh thinks that the Voting Rights Act no longer should authorize “race-based redistricting.”
Question is whether Kav left that loaded gun out for immediate use or for some years from now.
The three-judge district court opinion smacking down Alabama’s defiance contained a section on Kavanaugh’s concurrence to show why Alabama must lose but completely ignored the part where Kav wrote how Alabama could have won—and may yet still win—his vote s3.documentcloud.org/documents/2393…