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What we are left with, in issue after issue, is a set up for a “choose your own right-wing adventure” Supreme Court. Here is how I see the paths Roberts is leaving open to him and the court: If Joe Biden or another Democrat wins the 2024 presidential election, Roberts has set up the court to serve as a supercharged judiciary. Pushing back constantly against the democratically elected branches, the conservative court is positioning itself to strike down any regulation for virtually any reason. If Trump wins, Roberts has set up the court to be pliant appeasers of Trump’s planned right-wing authoritarianism. Sure, there will be minor pushback, but if Trump v. Hawaii was what we got out of the court during a first-term Trump administration, imagine what this more extreme court would OK in a second term.

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What we are left with, in issue after issue, is a set up for a “choose your own right-wing adventure” Supreme Court. Here is how I see the paths Roberts is leaving open to him and the court: If Joe Biden or another Democrat wins the 2024 presidential election, Roberts has set up the court to serve as a supercharged judiciary. Pushing back constantly against the democratically elected branches, the conservative court is positioning itself to strike down any regulation for virtually any reason. If Trump wins, Roberts has set up the court to be pliant appeasers of Trump’s planned right-wing authoritarianism. Sure, there will be minor pushback, but if Trump v. Hawaii was what we got out of the court during a first-term Trump administration, imagine what this more extreme court would OK in a second term.
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Chris Geidner (chrisgeidner@journa.host)'s status on Friday, 05-Jul-2024 02:56:05 JST Chris Geidner
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Time and time again, Chief Justice John Roberts made clear that this SCOTUS term was a term of contingent planning, leaving open two paths depending what happens with the election.
I wrote all about it at Law Dork: https://www.lawdork.com/p/the-spinelessness-of-john-roberts

In conversation about 5 months ago from journa.host permalink