this post was submitted on 20 Mar 2024
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chapotraphouse
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I disagree. In the Texas immigration law ruling the GOP majority did not even bother to explain its reasoning. I think they will now routinely, proudly, openly give a middle finger to the nation.
The one recent exception that proved the rule was on the case determining if Trump can be barred from state ballots under the 14th amendment. The ruling that only the federal government can make that call, not the states, was bipartisan. However, the liberal justices plus Barrett dissented on the majority ruling that it was explicitly up to Congress to decide that.
The majority was clearly punting it to protect Trump as there’s no way it could pass in the current government. And the liberals didn’t like the “legislating from the bench” aspect. But I think Barrett realized, this was shooting themselves in the foot to remove that power from the court if it would be useful for their authoritarian, right wing ruling council project of the Supreme Court down the line.