https://nitter.net/ErinInTheMorn/status/1501314842992467975?t=qTE3TGz9eN1DwMvG7Opr6w&s=19

  • KollontaiWasRight [she/her,they/them]
    ·
    3 years ago

    Even the originalists are going to uphold federal supremacy on clear interstate commerce. It is literally one of the core issues for which the document was written. I can see multiple ways to get to five or even six on SCOTUS as it is currently seated... Well four or five as it is currently seated, but one assumes that the Biden crony being nominated will be sat soon. If the Democrats aren't total imbeciles... Which they may well be.

    Yeah, we'll see.

    • Wertheimer [any]
      ·
      3 years ago

      Breyer's retirement only takes place once his replacement is confirmed.

      Gorsuch and Roberts are ghouls but you're right, there's no way they'll nuke interstate commerce.

      • regul [any]
        ·
        3 years ago

        there's literally nothing stopping them from ruling one way on this and another way on something else

        they do not care about precedent or ideological consistency

        it has not been a going concern in conservative jurisprudence for a minute

        • Frank [he/him, he/him]
          ·
          3 years ago

          People still, still believe that the Supreme Court is some kind of principled institution instead of a rubber stamp for state, corporate, and social violence.

          • regul [any]
            ·
            edit-2
            3 years ago

            Yeah like California spun up some dumb gun law thing that uses the same snitching mechanism as the Texas abortion law in an attempt to get it struck down and establish precendent. There's literally no way the court will find the same way on both of those. Credulous libs will keep trying though and keep painting RBG murals everywhere.

            Give neo-confederates shit for waving their flag because they lost but put up pictures of Gisnberg everywhere without a hint of irony.

        • Wertheimer [any]
          ·
          3 years ago

          Kavanagh, yes. Roberts and Gorsuch, no. Not to this extent. And the lawyers who take the case to the Supreme Court will tailor their arguments to make sure they keep Roberts and Gorsuch. Maybe every other section of this bill somehow stands, but not the leaving-the-state part. 0% chance, even if a nutjob in a lower court makes up a justification.

        • KollontaiWasRight [she/her,they/them]
          ·
          3 years ago

          You remember when Gorsuch voted to protect trans employment rights? This is the same as that. He and Roberts are political hacks, but they also have a judicial philosophy that they apply when the question isn't procedural-political or abortion-related.