New studies show the Supreme Court's 'imperial' behavior really is unprecedented

1 year ago 61

As Republican nominees of archconservative Supreme Court yank back precedents of the last hundred years in an attempt to scrub American society of any rights that old-timey English witch-hunters or Colonial-era slaveholders would find distasteful, we've landed ourselves in a place where nobody's quite sure what is or isn't covered by United States law because court conservatives have been increasingly unwilling to bother with explaining it to us. Or, rather more urgently, to the lower courts who have been trying to piece together their rulings into a consistency that Justice Blackout Drunk or Justice Papal Seance haven't bothered to themselves provide.

It's nice to see judicial experts and reporters alike putting some real numbers to the problem, and The New York Times has a genuinely good(!) examination of the court's eagerness to change even their own internal processes in order to more efficiently arrive at the preferred conservative outcomes without argument or, increasingly, without waiting for lower court decisions in the first place.

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