Heidi Li FeldmanTonight, an extraordinary order, opinion, and dissent make explicit that the ongoing cold Second American Civil War is raging at the U.S. Supreme Court, as it is throughout the U.S. 1/ #LawFedi
On the heels of the awful substantive Supreme Court ruling and opinion in _Callais_, Louisiana’s governor sought to cancel an ongoing election, House primaries, which had begun before the decision was handed down. He ordered cancellation even before the Callais judgment was made final, “certified”. There is a Supreme Court rule which delays certification for 32 days, allowing time for a party to request rehearing. 2/
There are almost no times when the Supreme Court has not followed this rule. But the Callais plaintiffs applied to the Court to have the judgment certified right now and tonight the Court ordered this to happen, trying to quash ongoing lawsuits filed to prevent Louisiana’s governor from cancelling the election, a result in no way required by Callais itself. 3/
All of this has happened on the shadow docket. So the Roberts Court has ok’d election cancellation without merits briefing, oral argument, etc.
This would be extraordinary and pernicious enough. But because Justice Ketanji Brown Jackson dissented and pointed out how exceptional and dangerous the Court’s order is, Alito, joined by Gorsuch and Thomas, wrote an opinion basically calling her uppity. 4/
You can read the order, opinion, and dissent at https://www.supremecourt.gov/opinions/25pdf/25a1197_097c.pdf.
You may want to read Jackson’s dissent, the second document in the file first. 5/
You may want to read Jackson’s dissent, the second document in the file first. 5/
Jackson lays out the Supreme Court rule and relevant precedents to explain that the Court’s short-circuiting of its own procedures has “principles give way to power.”
She writes forcefully but in an even, professional way. 6/
But Sam Alito just cannot handle a dissent from Brown that explains that he and the other Roberts Court judges who went along with him are nakedly using their privilege and authority to advantage the Republican Fascist Party and its white supremacist agenda. 7/
Taking the greatest umbrage, Alito starts, “The dissent in this suit levels charges that cannot go un-answered.”
What has so disturbed him? Jackson telling it like it is. 8/
Alito: “The dissent goes on to claim that our decision represents an unprincipled use of power. … That is a ground-
less and utterly irresponsible charge”.
Translation: How dare she? 9/
Finally, Alito concludes by chastising Jackson: “It is the dissent’s rhetoric that lacks restraint.” 10/
Ludwig Vielfrass@heidilifeldman Alito, Gorsuch, and Thomas should be dropped into a deep dark hole and drink rainwater and eat bugs for the rest of their lives.
Now, THAT’S what lack of restraint looks like.
Bob Blaskiewicz 🇺🇦 🇨🇦 🇬🇱I dunno. Seems kind of restrained to me.
Klara@rjblaskiewicz @lerxst @heidilifeldman So you have seen the painting in Bruges about the unjust judge?
@lerxst @rjblaskiewicz @heidilifeldman So many schoolchildren get a trauma from visiting Bruges. I wish I could say that we improved, that torture doesn't happen anymore.
Loved your alt text, with the word invented by your brother.
Edit: TIL that the correct name of this punishment is flaying, and they didn't stop at one side for Sisamnes.
@Klara @rjblaskiewicz @heidilifeldman That was Bob who posted that. Apart from music, I'm mostly a fine art philistine. 😁
@lerxst @Klara @heidilifeldman
Hemidermectomy was a word that my brother made up when he was learning classical roots of words in high school. It is the stuff of legend in the Blaskiewicz household.
@rjblaskiewicz @lerxst @heidilifeldman the little scene in the top right shows a new judge later on (his son) with the empty skin draped around his chair as a reminder.
@Klara @lerxst @heidilifeldman
I too am an inveterate souvenir collector.