Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Thursday, September 2, 2021

The Roberts Mutiny

 Chief Justice John Roberts has tried to preserve the Supreme Court's legitimacy by trying to find middle ground. The death of Ruth Bader Ginsburg - and, yes, her decision not to retire when Obama could have replaced her - gave Trump the opportunity to remove Roberts from the fulcrum of Supreme Court decisions, as he was when reviewing the ACA. His efforts to try and resolve the Texas abortion law foundered.

If - as anticipated - the Court jettisons Roe in some way, except a major crisis of legitimacy for an institution that has at least two justices - Gorsuch and Barnett - who really should not be on it, except for a minority president and a minority Senate "majority."

Something will break.

No comments: