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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Friday, November 13, 2020

SCOTUS Watch: Alito's Tears Edition

Book Review:  First off, a book somewhat related to the general content. The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment is a collection of entries starting with the ratification (not much on the legislative history), then post-ratification slippage, its application to labor in the early 20th Century (interesting),  various applications (immigration, abortion, racial profiling) and a bit on modern day congressional enforcement. One thing not covered is Confederate flags and the like.  A somewhat mixed bag, but some interesting stuff. 

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It has not just been a thing when his wing controls, but Alito's latest speech in front of the Federalist Society was the "highlight" of the week here and well criticized.  Senator Whitehouse, whose brief in a 2A case was cited, was part of the "yeah, see that was what I was talking about" brigade here. Saw some critic assuring that he also criticized RBG for her partisan remarks. Fine. But, you know, she's dead. And, replaced by Balcony Judge.

The week started with an Order List that was most notable as one that Judge Barrett (she is consistently called that at the SCOTUS website, not "Coney Barrett") took part in.  This appears to be her first official involvement though maybe some previous action had her taking part, putting aside oral arguments.  Nothing particularly special happened though among the cases not taken is a challenge to "so help me god" in the citizenship oath.  

The big oral argument this week was the latest asinine (with extra stupid) PPACA case, the oral argument including Roberts basically calling out Republicans for wanting the Supreme Court to do their dirty work for them and Kavanaugh flagging he finds the claim bad too.  The debate seems to be how it will lose and maybe what the High Federalists will do (concur in judgment? dissent?).  Again, Roberts ended the King v. Burwell opinion basically saying: "live with it, it's the law and don't expect us to kill it if there is any rational way not to do so."  Do fear they will uphold it with some sort of poison pill that will be a problem in the future.

It is not always done, but often before a Monday Order List there will be a stand alone order regarding taking a case.  This occurred today -- a Taking Clause case involving the right of unions to go to a job site (sounds stupid, but you figure the union will have an uphill battle ... requiring union reps to be allowed on the work place is some sort of "easement" now?).  

The Court is still 1/3 tainted. Alito is like, me too! 

(After writing this, I was perusing the website and noticed this COVID-19 update regarding filing.  Also, now that I have seen the Monday Order List, this is one of the times when a grant or such on Friday flags a boring list.) 

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