Jay Willis Profile picture
Sep 2, 2021 7 tweets 5 min read Read on X
The decision of 5 conservatives—Thomas, Alito, Gorsuch, Kavanaugh, and Barrett—to functionally overturn Roe draws 4 dissents, including from Roberts. This is why conservatives pushed for the 6-3 supermajority: They can afford to lose one and still win. supremecourt.gov/opinions/20pdf…
Here's the entire majority opinion, which is basically an extended legalese congratulations to Texas Republicans for passing a bill that runs an end-around existing abortion precedent. Just five justices pleading powerlessness while greenlighting the result they've always wanted.
The Roberts dissent TLDR: Hey uh guys this law is batshit crazy and maybe we should think about the consequences for the conservative legal movement of allowing it to stand? Also, though, I reserve the right to happily vote to uphold this law when the time comes.
The Breyer dissent TLDR: "I do declare, the conservatives are breaking the rules here! How dare they! This doesn't seem very principled at all!" On the night the Court hollowed out Roe, never forget that Stephen Breyer was there at the gunfight clutching a #2 pencil.
The Kagan dissent TLDR: This is total bullshit, the shadow docket is bullshit, are you guys fucking kidding me with this embarrassing coward gibberish? I respectfully dissent.
The Sotomayor dissent TLDR: This thing is about as close as a Supreme Court justice will ever get to openly calling her colleagues what they are, which is a gaggle of FedSoc acolytes intent on establishing a new legal doctrine of Christian supremacy.
The fucking gall of these people to decline to apply 50 years of well-established precedent in an unsigned opinion that more or less boils down to "Help, the law is complicated therefore we cannot do anything." Bottomless bad faith.

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More from @jaywillis

Sep 29, 2023
Fondly remembering my tenure as an unpaid intern in Dianne Feinstein’s office, when we were all like uhhh look I’m not a doctor but this person doesn’t seem like she’s in super great shape? To be one of 100 U.S. senators? Anyway this was 2010
Politicians are not your favorite athletes you root for on TV. They are stewards of power who are responsible for representing real people, and when they exercise that power carelessly, that’s as much a part of their legacy as anything they did in office. Sometimes even more so.
Confirming Biden’s judicial nominees has to be Senate Democrats’ top priority between now and the 2024 election. Feinstein’s death will make it a lot harder for them to do so. I don’t like it any of this any more than you do, but here we are. ballsandstrikes.org/law-politics/d…
Read 4 tweets
May 25, 2023
“Some say ‘wetlands’ are ‘waters’ because ‘water’ is ‘wet.’ However, this overlooks the critical distinction between ‘water’ and ‘waters,’” this is the stupidest shit I’ve ever read, do not let anyone ever tell you that law is real or coherent supremecourt.gov/opinions/22pdf… ImageImageImageImage
Wild how much of Alito’s reasoning for rewriting “waters” to mean something different boils down to “this is simply too expensive for landowners, in my view” Image
Alito’s principle concern in Sackett is not parsing the dictionary definition of “waters,” it’s his profound concern for the bottom lines of developers who are getting “crushed” by the weight of having to not poison your drinking water. The rest is just noise. Image
Read 5 tweets
May 24, 2023
Legacy Supreme Court reporters have spent decades doing their jobs all wrong. Fortunately for them, I wrote a little how-to guide for my pals at @Slate that should fix everything slate.com/news-and-polit…
I'll be talking with @ElieNYC and @Dahlialithwick and @mjs_DC about all this and lots more tonight in D.C., come through or at least come have a drink slate.com/live/amicus-li…
Read 4 tweets
May 12, 2023
The reason you know conservative media outlets don’t employ editors is that any editor is immediately returning this to the writer with a note that’s like “source??? you uhhh need evidence for statements like this and a little list of adjectives can’t do the work” Image
Obviously the ideas at the National Review are dogshit but don’t let that distract you from the fact that the writing at the National Review is dogshit, too
“Conservatives assert that originalism is coherent, defensible, and comprehensive. In fact, it is incoherent, indefensible, and dumb as shit,” there I just refuted this blog post’s argument in two sentences, guy is in shambles right now
Read 4 tweets
May 10, 2023
I love the Warriors and want them to win and am sad when they lose, and I am also very close to kinda just wanting this season’s team to be put out of its misery
The season started with the team’s emotional leader punching one of its best young players in the face and somehow the vibes have gotten WORSE since then??
We’ll always have Steph putting up 50 on the road in Game 7, that absolutely ruled, maybe we just end the movie there
Read 4 tweets
May 4, 2023
Simply incredible that Dick Durbin, literally the Chair of the Senate Judiciary Committee, keeps talking about Supreme Court corruption like he has as much power to do anything about it as I do
“Chief Justice Roberts must act,” sir what would you say it is that you “do” around here
This is MARGINALLY better in that it acknowledges the Senate’s agency, but again Durbin is making the same mistake Democrats have been making my entire adult life: treating Republicans as colleagues they can persuade, not as opponents they have to defeat
Read 5 tweets

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