In November, I wrote that the Fifth Circuit Laxmi The decision is to apply it faithfully the bridge“Seven months later, the Supreme Court judgment has now been read Laxmi Decision, I stand by what I wrote. The most sane and honest opinion after Justice Thomas’s dissent Laxmi Judge Jackson concurred. Jackson explained, “Today’s effort is to clear up ‘misunderstandings'[andings]” is the default narrative that lower courts are struggling with. Laxmi. The fight is this: Judge Thomas means what he writes, but the other five members Laxmi Most people don’t. Now they all ran to the mountains.
June 2022 is a strange time. The court is on the verge of throwing out the ruling roe and lemon test. According to recent reports New York TimesChief Justice Roberts and Justice Kavanaugh did not sign the bridge Not until fairly late in the process, and only a handful of people agree. Judge Barrett was also vocal about her own reservations. have the bridge Decisions have been made within different deadlines without Dobbs and Kennedy, maybe we will get different opinions. Whether Chief Justice Roberts assigned the case to anyone But Judge Thomas, we will never have Laxmi. The New York law would be declared unconstitutional, but the analogical reasoning is meaningless. In order for something like this to happen in June 2022, a lot of things have to go right, or go wrong, depending on where you stand. This is indeed the case.
But just two years later, the court’s originalists were fracturing. Vidal It’s the canary in the coal mine.
I still don’t understand what Justice Gorsuch said. Laxmi agree. I think it would be better for him to say nothing rather than try to explain his position. Gorsuch’s reliance is somewhat ironic Salerno. This is exactly the test Judge Sutton used to avoid declaring the Affordable Care Act unconstitutional. more NFIB Post-traumatic stress disorder. Salerno Might also make a cameo Network selection Case, on facial challenges.
I would praise Judge Kavanaugh. He was really trying to make “tradition” a dogma. He put a lot of effort into this collaboration. It’s very long. Probably too long. The string quotes everything Justice Scalia has written, which seems a little desperate—look at me, I’m just like Justice Scalia! The genius of Scalia is that he doesn’t look like he’s trying. Kavanaugh is trying too hard. Still, after reading all of Kavanaugh’s consent, I’m not sure I learned anything new that wasn’t found in some of the articles he cited. At most it is a synthesis. Mike Rapaport has begun calling out Kavanaugh’s mistakes.
And then there’s Judge Barrett. She is such an easy writer. In just a few pages, she conveys more novel insights than Kavanaugh’s paper. Still, I worry about her. She talks about originalism, but she is hesitant to take the path of originality. The level of historical support she is asking for is probably beyond what can be established in most circumstances. When a lawyer cannot meet her burden, she reverts to some common law method of judgment. By the way, my prediction for Barrett is based on her Vidal The consensus is correct. Judge Jackson keeps citing GarciaI worry that Barrett might, like Roberts, have a Harry Blackmun moment soon.
I will talk more about this case in a future article. Don’t worry. I have not forgotten the Chief Justice.
