Saturday, July 08, 2023

No legal skillz required

Manhattan Contrarian: "How To Think Like A Liberal Supreme Court Justice -- Part II."
Thus you would be justified in coming to these dissents expecting to find brilliant insights into our legal system and constitutional order.  If so, you will be greatly disappointed.  There is nothing complicated about the thinking of a liberal Supreme Court justice.  Each of these dissents follows the same rote formula: the heart of the opinion is an appeal to fear and/or guilt, completely divorced from anything about the law.  The basic argument is that because of either some looming menace, or your sins, or both, you must cede infinite power to your betters to run things outside the constitutional order.  The law?  Somewhere in the thousands of statutes and precedents out there, or maybe just from our superior moral compass, we can find something to serve as a pretext to support our desired result.  The desired result is always more power to the bureaucrats and/or liberal elites.  QED.
Many examples here of affirmative-action Justices supplanting Constitutional interpretation with liberal hysterics.  Sotomayor has been doing it for years and now Jackson lives up to expectations.

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