7 Comments

Kavanaugh is smart enough to know what he was doing when he wrote the concurrence. Sad that he didn’t just let the Chief’s opinion stand on its own.

Now Alabama gets another chance to discriminate against minority voters in their state. White supremacy continues.

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Kavanaugh's gimmick is to repeatedly include these possible poison pills and given he was the fifth vote to hold things up until after the election it is more noticeable here.

Oh well. I guess we just have to trust the car thieves to drive the car a bit less recklessly.

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Thx for this elucidating (& quite frustrating😣) explainer of continued shenanigans from SCOTUS - I hadn’t had the time in June to read all of the analysis. Am better informed now re Kavanaugh’s exact role.

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It really was a shell game all along. Democracy and Voting Rights have been swindled. The triple delay, delay, delay tactic is working and once again, Alabama will probably vote with illegal gerrymandered maps. There is no simple remedy for voters who have cast ballots under illegal maps. Again and again.

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Hey - I know this is off-topic, but are you planning to get around to the Insular Cases and other "terrible but never repudiated" SCOTUS decisions, like Slaughter-house?

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You write that this is a “sticky”, “complicated” situation for Kavanaugh which seems to presume that he didn’t really intend to end up in this situation. But why would we assume that? What if this is just the newest, most explicit way that the conservative Justices will message to conservative legal activists about the legal arguments they should be making so that those activists can turn around and use them in their next case?

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Enjoying your book, and perfect timing with the newsletter since I just started the chapter on elections. Very motivated to finish it before Asha's up coming book club meeting.

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