We now have a Supreme Court that is moving every aspect of our society in a radical direction, blowing up any reasonable reading of the Constitution to fit its radical ideological and partisan views. It spits on the actions of legislatures and preempts the other branches. 1
The Framers did not expect the judiciary to be the dominant branch of government. The Court has justices jammed onto the bench by violations of fundamental norms, dishonest in their confirmations and untethered to any precedent. Congress can curtail its jurisdiction and more. 2
The Alito Court, with the regular connivance of a Chief Justice who lied himself in his confirmation hearing about precedent and calling balls and strikes with Citizens United, has lost its fundamental legitimacy. This is a genuine crisis for the country. Another one! 3
It also suggests an ominous harbinger. If Republicans move to manipulate electoral votes in 2024, it is very likely the Alito Court will let them get away with it, using the radical interpretation that state courts have no role in enforcing state constitutions or laws. 4
That state legislatures are supreme and unlimited in choosing electors. We are moving closer and closer to a version of Hungary, but with the elements of a Wild West added in.
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