Sunday, July 01, 2012

Of course, Mr Rot thinks Roberts is smaaaart

And so the conservatives handed him their own message which, as one justice put it, essentially translated into, "You're on your own." The conservatives refused to join any aspect of his opinion, including sections with which they agreed, such as his analysis imposing limits on Congress' power under the Commerce Clause. Instead, the four joined forces and crafted a highly unusual, unsigned joint dissent. They deliberately ignored Roberts' decision, the sources said, as if they were no longer even willing to engage with him in debate.

6 comments:

Tecumseh said...

The fact that the joint dissent doesn't mention Roberts' majority was not a sign of sloppiness, the sources said, but instead was a signal the conservatives no longer wished to engage in debate with him. The language in the dissent was sweeping, arguing the Court was overreaching in the name of restraint and ignoring key structural protections in the Constitution. There are clear elements of Scalia - and then, there is Justice Kennedy. "The fragmentation of power produced by the structure of our government is central to liberty, and when we destroy it, we place liberty in peril," the dissent said. "Today's decision should have vindicated, should have taught, this truth; instead our judgment today has disregarded it."

A/non A: Minsk/Pinsk. Whatevah.

Tecumseh said...

Tecs Scalia at the bat: The conservatives found Roberts’s reasoning so flawed that they refused to join, or even acknowledge, his opinion, even in the areas where they agreed.

Tecumseh said...

From comments: I've been trying really hard to keep a positive outlook on this whole thing, but if this is true, it's the most depressing thing I've heard about an American institution possibly in my life. You expect politicians to be principle-void weather vanes. But the Supreme Court justices -- particularly so-called constitutionalist justices -- were supposed to meet a higher standard. If the Chief Justice of the Supreme Court is that much of a spaghetti-spined hack, what hope is there for those of us who believe in liberty? I'm not normally a pessimist in these matters, but it's getting harder and harder to be optimistic in the long term.

Arelcao Akleos said...

"optimistic in the long term" is getting about as hard as climbing Everest, without oxygen, naked, carrying a 10 by 8 Obama flag, singing the Internationale all the way...in winter.

Charly said...

The Line of the Party, so dear to republicans, crossed. Unthinkable.

Arelcao Akleos said...

Yours is not the most coherent sentence in the annals of FCP, Charly, but let's be charitable and classify it as an attempt at the Rubric's con.