Justice Brett Kavanaugh boldly struck pen to paper in an opinion published Monday, filled with a righteous anger — not so much over Alabama’s congressional maps, which a lower court found to disenfranchise Black voters, but because Justice Elena Kagan criticized him and his conservative buddies in her dissent.
“Close to the election” means whatever the Republicans want it to mean…leaving a racist map in place so Black people in Alabama aren’t represented is just the bonus for them. Kavanaugh’s opinion is weak, it’s obvious he’s upset that the white supremacy in this stay is called out, and he figures that he should put Jagan in her place. This is really no different than his whining during his confirmation, exactly the same behavior with exactly the same anger directed at any women who questions him.
Kagan is right on with her opinion, and how the Republicans on the SC are enforcing a map that goes against their precedent onto Black people. It’s the exact opposite of what Congress intended with the VRA, which makes it that much more sickening to see the law twisted like this.
They’ll probably include something in the ultimate decision to the effect that “Congress can always pass a law making their intentions specific” knowing a) Congress has a hard time passing anything now, and b) that they can always find a way to toss out whatever Congress passes anyway.
Rapey McBeerface’s whiny complaint about Kagan’s “catchy but worn-out rhetoric about the ‘shadow docket’” comes in response to only the second time the minority has complained about the majority’s abuse of the shadow docket. So it isn’t about Kagan’s dissent or Sotomayor’s before her. He’s really complaining about all the outsiders who have been complaining about the misuse of the shadow docket for years and years now. They have successfully gotten under his skin by accurately describing his bullshit.
Oliver Wendell Holmes, our greatest justice, was amused that most judges got their jobs because they offered their political backers pre-determined and forecastable outcomes. Old OWH must have rolled over multiple times in the grave when Kavanaugh wrote:
“Contrary to the dissent’s mistaken rhetoric, I take no position at this time on the ultimate merits of the parties’ underlying legal dispute,”
And c) That Congress already did deal with this through the political process. It took years of civil unrest and resulted in the assassination of a Christian minister.
Any towns volunteering for years of Summer 2020? Any Christian preachers volunteering as tribute?
This thing that Robert’s now opposes is the thing everyone warned him about when he decided racism no longer existed. Someone should ask him about that decision every day until he’s off the court.