Anonymous wrote:Yes, and the politicalization of the DOJ and FBI. On both sides.
Anonymous wrote:It’s all just so disappointing and deflating. Why the hell can’t the Court even give the American people the respect of telling us why and under what authority they are making these decisions?
I want to believe that the arc of the moral universe bends toward justice m but it’s hard when we are in the midst of this backlash.
Anonymous wrote:Trump has finally made dishonesty honest.
No more liars pretending to be telling the truth.
It's refreshing in its way.
Anonymous wrote:These are trying times for people who value the law, objectivity, and logical coherence. As lawyers, a lot of us are deeply invested in those values, and the past decade has been disorienting. There are times lately when it feels like these instincts and intuitions are being flat mocked -- jubilantly and with abandon -- by a party that won an election with 49.8% of the vote.
We are in the process of detonating a system that, while imperfect and often unfair, worked very well at scale for a lot of people for the past 85 years. We have no idea what we are replacing it with; the path forward will be governed by the ejaculations and whims of a personality cult that cares nothing for democracy, the rule of law, or any of the values that movement conservatives lectured the nation about for three generations.
In the Fall of 1999, David Strauss taught my 1L class one hell of an Elements of the Law course. The punchline was that a Hobbesian nightmare awaited us on the other side of a very thin barrier, and if lawyers want to do something useful they should try to shore up the barrier. We failed. It was probably over when McConnell refused to allow the Senate to perform its advice and consent obligation w/r/t Garland. You might pick an earlier or later event, but the bottom line is that it's over.
Disillusionment? It's the only sane response.
Anonymous wrote:It’s all just so disappointing and deflating. Why the hell can’t the Court even give the American people the respect of telling us why and under what authority they are making these decisions?
I want to believe that the arc of the moral universe bends toward justice m but it’s hard when we are in the midst of this backlash.
Anonymous wrote:It’s all just so disappointing and deflating. Why the hell can’t the Court even give the American people the respect of telling us why and under what authority they are making these decisions?
I want to believe that the arc of the moral universe bends toward justice m but it’s hard when we are in the midst of this backlash.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:It’s all just so disappointing and deflating. Why the hell can’t the Court even give the American people the respect of telling us why and under what authority they are making these decisions?
I want to believe that the arc of the moral universe bends toward justice m but it’s hard when we are in the midst of this backlash.
The Supreme Court wouldn't need to weigh in on all of these cases if the district courts stopped overreaching. Not all of the recent Supreme Court decisions were 6-3 (one recently was 8-1, and still others were 4-5 and even 3-6), so not all of them were split on conservative/liberal philosophical lines. The problem with lawfare and district court overreach is that the Supreme Court is setting precedent that strengthens the power of the President. This may not be what Democrats wanted as a result.
That's not what anyone wants who wants checks and balances and three branches of govt
Of course it isn't, but the lawsuits forced the issue. Instead of suing, Democrats should have negotiated.
Anonymous wrote:Anonymous wrote:Yes. The courts have always been outcome-driven but they used to have to lay out an argument that, however dumb, could be applied in other cases or distinguished.
True, but even the “old way” was pretty grotesque from a legal perspective. I politically support the outcome of Obergefell, but it was an awful opinion.
Basically, SCOTUS had served as a moderate/progressive legislative body for several decades.
Now it’s acting as a conservative legislative body.