Thread by @JeffRoushPoetry

Reading through the opinions on the Texas abortion law case is a disheartening exercise. The majority opinion is unsigned—and understandably so. I wouldn’t want to put my name on that either. The dissents, on the other hand, all raise good points.

supremecourt.gov/opinions/20pdf…

The opinion is careful to say it is not ruling on constitutionality, and claims the law may never be enforced. It does not make a good case for letting an unconstitutional law go into effect because of this. It’s strained, dodgy, and generally feels like Kavanaugh wrote it.

Not Necessarily But Probably Kavanaugh makes the point that since Texas doesn’t enforce the law, instead delegating it, the State can’t be enjoined. That is the point of assaulting women’s rights by mob rather than by criminal code, and apparently the majority is cool with that.

Roberts’ dissent focuses on wanting more briefing and discussion on whether the state can avoid responsibility for its laws the way Texas seeks to do. Very Chief Justice-y in trying to emphasize that the Court isn’t ruling on constitutionality or merits at all.

Breyer’s dissent is a little more pointed: the law is completely unconstitutional, so the State can’t delegate to anyone else enforcement powers it isn’t entitled to hold. The mere threat of enforcement causes imminent harm to a constitutional right, so an injunction is proper.

Sotomayor minces no words: “The Court’s order is stunning.” The law is “flagrantly unconstitutional,” and Definitely Maybe Not Kavanaugh basically allows Texas to flout the Court and the Constitution by playing games. She is absolutely right.

But I’d argue Kagan punches hardest here, because she is hitting the institution itself. She calls out the Court’s “shadow docket decision-making—which every day becomes more unreasoned, inconsistent, and impossible to defend.” And it seems she, too, is absolutely right.

It’s clear the majority of the Court does not respect women’s reproductive rights. But I cannot escape the conclusion that a majority of the Justices also have no respect for the seats in which they sit, or for the role the Court should be playing. This is not justice.

The Supreme Court is tasked with protecting the Constitution and the legal rights of U.S. citizens. Alito, Thomas, Kavanaugh, Gorsuch, and Barrett have abdicated that responsibility, under cover of a blatantly contrived procedural gimmick.